K VIJAY KUMAR NAIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By his petition through jail, the petitioner challenges his conviction under sections 324, 327, 394, 506 and 511 of the Indian Penal Code by the Judicial Magistrate, First class, Vasco-da-Gama, in Criminal Case No. 244/1985 and which conviction was upheld by the learned Additional Sessions Judge by the order dated 24th of March, 1987 in Criminal Appeal No. 4 of 1987.

(2.) The major thrust in this petition is that the petitioner has been wrongly implicated in the criminal case and further, that he has not been identified by the prosecution. The learned counsel for the petitioner, urges that if he is able to establish some discrepancies in the matter of the identification of the petitioner, however minor they may appear to be, they are bound to be taken into consideration for giving the benefit of doubt to the petitioner.

(3.) The essential controversy, therefore, being the identity of the petitioner, it will be necessary to refer to the prosecution story and thereafter, revert to the findings of the two Courts below if necessary refer to the evidence if it is shown that the findings arrived at by the two courts below are either against the record or so perverse that no reasonable person could have taken on that evidence the identification of the petitioner.