MAHADEO CHAGALAL KUREL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this petition is to the judgment rendered by Sessions Judge, Ahmednagar in Criminal Appeal No.78 of 1993 whereby and whereunder order of conviction and sentence tendered by learned Judicial Magistrate (F.C.) in a Criminal Case (R.T.C. No.36 of 1993) for offence punishable under Section 380 and 457 of I.P. Code came to be confirmed.

(2.) The Trial Court convicted the petitioner for both the offences and sentenced him to suffer rigorous imprisonment for one year and pay fine of Rs.100/-, in default, simple imprisonment for one month on each count. His appeal came to be dismissed.

(3.) Complainant - P.W.1 Gurudeoprasad who was working as a driver in Military Dairy Farm, Bhingar Camp at Ahmednagar, had gone to attend night duty on 30th April, 1993. P.W.2 Mahendrakumar, who is Assistant Supervisor in Military Dairy Farm, was returning home in the wee hours of May 1st, 1993. He noticed that light was emanating through roof of the complainant's house and some rooftop tiles were displaced. So, P.W. Mahendrakumar went near house of the complainant out of curiosity. Through window he peeped inside. He saw that the petitioner was inside the house and was shuffling through some articles. He raised shouts. Immediately, P.W.3-Tejpal, another employee of the Military Dairy Farm, rushed there. By then, the petitioner jumped from the rooftop. He could not, however, run away due to injury sustained at his leg while jumping. He was overpowered by P.W. Mahendrakumar and P.W. Tejpal. They sent message to their superior officer i.e. P.W. Surendrapalsingh.