STATE OF MAHARASHTRA Vs. SHANKAR NAVASU

JUDGEMENT

(1.) There is no substance in the above appeal, filed by the State, against the order of acquittal, passed on February 22, 1974, by the learned Additional Sessions Judge, Dhulia in Sessions Case No. 68 of 1973, in which the 9 respondents, accused Nos. 1 to 9, were charged under section 395 of the Indian Penal Code.

(2.) As we are in complete agreement with the reasons and findings recorded by the learned Sessions Judge, it is not necessary to burden the record with a long judgment, setting out the prosecution case, the defence statements etc. It is enough to say that the complainant Niranjan Lal, and his associate or servants Ramdas (P.W. 3) and Rupsing (P.W. 4) were disbelieved by the learned Judge for very cogent and convicting reasons.

(3.) In the information, given by the complainant, Niranjanlal to the Police Patil, Gorakhsing (P.W. 6), he had not stated anything about the (dadar) bags, alleged to have been robbed by the accused, or about the identification of any of the accused, at the time of the alleged robbery, two miles away from the Gujarat State Border at about 7.30 or 8 p.m., on February 23, 1973. The learned Judge has very rightly refused to believe the witnesses, when they sought to identify the accused at the trial.