DINESH HARIRA AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners impugn the order of acquittal passed by IV Additional Sessions Judge, Jalgaon on 3-7-1998 passed in Sessions case No. 260/1993, acquitting respondent Nos. 2 to 8 of the offences punishable under sections 120-B, 395 and 397 of the Indian Penal Code.

(2.) The relevant facts, in nutshell, are that Dinesh Agrawal (PW-4) was running an Oil Mill at Khamgaon. Dwarkadas (PW-6) was the Munim. On 29-12-1992, cash collection by the evening was Rs. 2,20,000/ -. Dwarkadas was carrying this cash. While he was passing by the railway station road at about 7. 30 p. m. , two strangers attacked him from the back side, snatched the bag and decamped with the booty. Dwarkadas chased them, but did not succeed. He then went to the oil mill and informed the occurrence to the owner. On the instructions of the employer, Dwarkadas lodged a complaint (Exh. 94) , on the basis of which, investigation was conducted. During the course of the investigation, cash amount of Rs. 1,48,468 and some ornaments were attached.

(3.) It is the case of the prosecution that respondent Nos. 2 to 8 were involved in the commission of an offence and had utilized the cash for purchasing ornaments. However, prosecution could not establish the guilt of the accused as the complainant could not identify the culprits and the discovery was not proved. In these circumstances, in the absence of cogent evidence, respondent nos. 2 to 8 came to be acquitted.