ASHOK BHISVAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is directed against order rendered by learned Additional Sessions Judge, Nandurbar, in Criminal Appeal No. 5/1997 confirming the order of learned Judicial Magistrate (F.C.), Shahada, in a criminal case (R.C.C. No. 104/1992) pertaining to disposal of property articles.

(2.) The petitioner is original complainant. He claims to be adopted son of one Bhilabai Patil. His adopted mother owned a gold ornament called chitang (neckless) weighing 5 tolas. The gold ornament was kept in an iron box. The gold chitang was found missing when the iron box was opened on one day. Therefore, FIR was lodged about the theft. Original accused No. 1 Vallabh Patil allegedly broke open the iron box and committed the theft. It was alleged that the three (3) accused distributed the booty. The police carried out certain investigation and prosecuted the three (3) accused i.e. Vallabh and others. They were tried before the learned Judicial Magistrate. It appears that an application seeking permission to compound offence was submitted to the Court of Judicial Magistrate (F.C.). However, since the offence was not compoundable, the permission was refused.

(3.) The prosecution examined some of the witnesses in support of its case. The petitioner supported the FIR lodged by him vide Exh-26. The seizure panchanamas, however, were not corroborated by the witnesses. Those panchas were declared hostile. The recovery of incriminating articles was not, therefore, duly proved. Consequently, the learned Magistrate acquitted the three (3) accused persons. While passing the order of acquittal, the learned Magistrate held that the seized property articles, namely, a gold ingot, ear rings and the shimpale (ear tops) shall be sent to Mint at Mumbai for the purpose of disposal. This order was challenged by way of appeal by the petitioner. The appeal, however, came to be dismissed.