SHANTILAL MURAI MURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction passed by the learned Presidency Magistrate, 27th Court, Mulund, Bombay. The accused has been convicted for offences punishable under sections 457 and 380 of the India Penal Code and is sentenced to undergo R.I. for 6 months for the offence punishable under section 380 of the Indian Penal Code. No separate sentence is passed for the offence punishable under section 457 of the Indian Penal Code.

(2.) It is alleged by the prosecution that there are certain huts behind Vitram Glass Factory at Vikhroli, and prosecution witnesses No. 1 Sappo Juman, prosecution witness No. 2 Sattar Nazir and prosecution witnesses are working in Vitram Glass Factory at Vikhroli. The prosecution originally charged the present appellant along with two other persons viz. Gafoor and Islam Noorbux under sections 457 and 380. On 22nd November, 1973 the three accused persons were charged as follows :

(3.) (P.W. 2) Sattar Nazir Khan has deposed that he was serving in Vitram Glass Factory at Vikhroli. At 8.30 p.m. On 10th August, 1973 he was on duty for the third shift, that Sapoo Juman (P.W. 1) came to him in the factory at 9.30 p.m. informed him that they had accosted one person and that house breaking was committed at his hut. He went to his hut and found that a theft was committed and he had lost silver ornaments and cash of Rs. 514/- from his hut. There was no cross-examination at all of his witness.