STATE OF MAHARASHTRA Vs. RAJENDRASING BAHADURSING TAK

JUDGEMENT

(1.) The instant Appeal takes exception to the judgment and order dated 16.02.2004 delivered by the learned Additional Sessions Judge, Kelapur in Sessions Trial No.196/2002 acquitting the respondents (hereinafter referred to as "the accused") of the offence punishable under Section 395 and 397 of the Indian Penal Code.

(2.) The prosecution case can be summarized as under :

(3.) On 18.8.1999 Head constable Annaji Dhurve (PW 23) was attached to Ghatanji Police Station. He received a phone call from Shridhar Bhaskarwar (PW1) to the effect that some dacoits entered into the house of Shyam (PW 5) at about 3.30 am. Shyam and his wife Shobha, Dr.Bhure and Dr.Gupte proceeded to the Police Station, Ghatanji. As PW5 and PW7 were in injured condition, Head Constable Annaji (PW 23) referred them to medical hospital at Yavatmal. He communicated the incident of dacoity to PSOs of all Police Stations in Yavatmal District. He also informed the superior police officers about the incident. PW23-Annaji recorded the complaint of Bhaskarwar and on the basis of it, he registered the offence vide C.R. No. 83/1999 for offence punishable u/s. 395 and 397 of the Indian Penal Code. Police Inspector Anant Thorat (PW13) visited the place of incident and prepared the spot panchnama (Exh.109). He took charge of the articles lying on the spot under seizure Panchnama (Exh.47).