SHAIKH AYUB ISMAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application has been filed by the original accused against the order of conviction passed against him by the Chief Judicial Magistrate, Ahmednagar, for an offence under section 379 of the Indian Penal Code which was confirmed on an appeal by the Sessions Court.

(2.) The prosecution case was that on the afternoon of June 14, 1975, Shaikh Abdul Ahmed (P. W. I.) was standing in a queue at the bus stop, to purchase a ticket. He had kept in his hip pocket two currency notes of Rs. 100/- each and a bill which he had obtained from Kamal Automobiles for purchase of a nozzle for his motor. As he came out from the queue after purchasing the ticket, he felt his hip pocket and found that the currency notes and bill were missing. He, therefore, immedietely went to the police chowkey at the bus stop and lodged a complaint. In the mean time the accused was also apprehended by constable Dhandagade who was on duty at the bus stand.

(3.) It appears that the constable found the accused moving in a suspicious manner and he therefore took him in his custody and produced him at the police chowkey. On personal search of the accused being taken in the presence of panchas, two currency notes of Rs. 100/- each bearing the same serial numbers as were given by Shaikh Abdul in his complaint and the bill of Kamal Automobiles for purchase of a nozzle were recovered from the pocket of the accused's pant. He was therefore, prosecuted for committing a theft.