RAI CHARLIE PAREIRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant (Original Accused No.1) alongwith three others was tried in three Sessions Cases in the Court of Sessions for Greater Bombay. In Sessions case No.338 of 1980, which refers to the First incident dated 10th November, 1979, Accused No.1 was charged for an offence punishable under section 411 of the Indian Penal Code. In Sessions Case No.337 of 1980, which refers to an incident dated 18th November, 1979, Accused No. 1 was charged u/s 392 r/w 397 and 392 r/w 34 of the Indian Penal Code. In Sessions Case No.336 of 1980, where the incident is supposed to have taken place on 18th November, 1979, Accused no.1 was charged u/s 392 r/w 397 and 392 r/w 34 of the I.P.C. Since the three incidents were inter-linked to a certain extent, the three cases were tried together and were disposed off by a common judgment and order dated 22nd September, 1981, by the Additional Sessions Judge, for Greater Bombay.

(2.) IN Sessions Case No.338 of 1980, Accused no.1 was acquitted. In Sessions Case No.337 of 1980, Accused no.1 was convicted u/s 392 r/w 397 of the I.P.C. Under section 397, Accused no.1 was sentenced to suffer R.I. for seven years. No separate sentence was however, awarded for offence u/s 392. He was acquitted of the offence u/s 411 I.P.C. In sessions Case no.336 of 1980 Accused no.1 was sentenced to suffer R.I. for three years u/s 392 r/w 34 of the I.P.C. He was however, acquitted of the charge u/s 397 of the I.P.C.

(3.) SINCE Accused no.1 is acquitted in the first case i.e. Sessions Case No.338 of 1980 it may not be strictly necessary to go to the minute details about the evidence led in that case. However, for the purpose of sequence it may be necessary to narrate the facts of this case also as the incident in Sessions Case No.337 and 336 of 1980 were preceeded by this incident.