HARISH SAKHARAM CHODANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant who was original accused No. 1 in Sessions Case No. 215 of 1981 facing the charges of sections 395 and 397 of I. P. C. along with two other accused. By this appeal the appellant seeks to challenge his conviction for offence under section 397 of I. P. C. and sentence of seven years rigorous imprisonment imposed on him by the learned Additional Sessions Judge, Thane by his judgment and order dated 23rd March 1982.

(2.) PROSECUTION of the appellant-accused commenced in the following manner :-

(3.) AFTER the complainant received the treatment P. W. 4 Head Constable Dingole recorded the complaint Exh. 8. He also attached banayan and shirt on the person of the complainant which was blood stained. He thereafter informed the Jamadar at Bassein and the Police Sub Inspector at Palghar Police Station. Jamadar from Bassein Police Station came in the morning to whom Police Head Constable handed over the complaint for registering the offence. P. S. I. Shukla attached to the Palghar Railway Police came to know about the incident at 12 p. m. on 25th January 1981. He verified the complaint and took over the investigation. On 26th January 1981 P. S. I. met the complainant and collected the information. He could not trace any of the accused till 26th January 1981. On 27th January 1981 he recorded the statement of Hanumanta P. W. 6 who was accompanying the complainant at the time of the incident. He searched for the accused but could not trace them until three accused persons including the appellant presented them Selves at the Police Station on 19-2-1981. It seems that the accused had applied for anticipatory bail in the Sessions Court on 8th February 1981 which was rejected. The accused had also produced a sum of Rs. 1,500/- which were attached under panchanama Exh. 12. Thereafter the charge-sheet came to be filed in the Court of JMFC (Railways), Virar. The accused were committed to the Court of Sessions for trial.