SHAUKAT MOHAMMAD SHIKALGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Shaukat Mohd. Shikalgar has filed this Criminal Revision Application impugning the Judgment and Order dated 28-2-1984 passed by the learned II Extra Additional Sessions Judge, Satara dismissing his Appeal and confirming his conviction and sentence under sections 457 and 380 of the Indian Penal Code.

(2.) The petitioner herein, who will hereinafter be referred to as "the accused", was charged with the offence of housebreaking and theft committed in the house of complainant Mohan Dharamchand Bhatiya in Sadar Bazar, Satara, on the night between 30-3-1982 and 31-3-1982 in the Court of the learned Chief Judicial Magistrate, Satara. The learned Chief Judicial Magistrate by his judgment and Order dated 29-9-1982 accepted the prosecution evidence as reliable and trustworthy and convicted the accused under section 457 and section 380 of the Indian Penal Code and sentenced the accused to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default thereof, to suffer further rigorous imprisonment for three months on each count. The substantive sentences were directed to run concurrently and further that the substantive sentences were directed to run concurrently with the sentences passed in Criminal Case No. 80 of 1982 and Criminal Case No. 81 of 1982 on the file of the learned Chief Judicial Magistrate, Satara.

(3.) The accused, being aggrieved by the said conviction and sentence passed against him, appealed to the learned II Extra Additional Sessions Judge, Satara. The learned II Extra Additional Sessions Judge by his judgment and Order dated 28-2-2984 dismissed the Appeal and confirmed the conviction and sentence passed on the accused. The accused has now approached this Court in revision impugning the Judgment and Order of the learned Chief Judicial Magistrate, Satara, as also of the learned II Extra Additional Session Judge, Satara.