SATISH VITHOBA DIWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by an accused, who was convicted under section 399 of Indian Penal Code and sentenced to suffer rigorous criminal Appeal no. 78 of 2007. imprisonment for a period of five years and to pay fine of Rs. 2000/, in default to undergo rigorous imprisonment for a period of two months more.

(2.) The facts giving rise to this prosecution are as under -Police Inspector Prashant Kolwadkar was on petrolling duty along with other constables and Head Constables on 17/8/2006 in the market area of Arvi. At about 2. 00 a. m. while they were approaching towards Nehru Market, they found 5 to 6 persons. On spotting them, he immediately directed the members of the petrolling party to encircle those people and to apprehend them. Accordingly, they apprehended five persons. One person, however, was able to run away. Those persons, after apprehension were questioned in presence of the panchas and their search was taken. They were found to be in possession of a tommy, hammer, sword and a bunch of keys. All these articles were seized. The accused were unable to satisfactorily explain as to what they were doing in the dead of the night. They were unable to give any answers. On the other hand, they were giving evasive answers. The criminal Appeal no. 78 of 2007. Police thereafter filed a charge-sheet against the accused.

(3.) The Judicial Magistrate (F. C. ) committed the accused to the court of Sessions. Court of Sessions framed the charge under sections 399, 402 of Indian Penal Code. After recording the evidence, the court of Sessions found all the accused guilty of offence under Section 399 of Indian Penal Code but acquitted them of offence under Section 402 of I. P. Code and sentenced them to imprisonment for a period of five years.