JAYENDRA MAHADU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Smt.Laxmi Narayan Bhatt of Dombivli conducts a petrol pump at Wavadi and complainant, Pravin Patil was working as manager of the said petrol pump.

(2.) On 3rd March 1997 at about night after taking collection of the petrol pump for the day, both of them started in a car to go to Dombivli. That car was intercepted by another car on the way wherefrom three persons got down and forced the manager Patil to get out of the car. The bag containing the cash was kept on the seat in the car and Laxmi Narayan was sitting in the front seat adjoining the driver's seat. Those persons broke, opened the glasses of the car, removed the bag containing the cash and one of them snatched golden chain on the neck of Laxmi Narayan. However, she caught hold of it firmly and, therefore, part of it was detached and removed by the miscreant. Later on, complaint about this incident was lodged by Patil in police Station, Manpada.

(3.) In the course of investigation, petitioner came to be arrested on 13th May, 1997. Part of the golden chain removed from the person of Laxmi Narayan is recovered at the instance of the petitioner. No doubt a test identification parade is held but therein six persons are alleged to be identified when the first information as well as the statement of Laxmi Narayan would go to show that only three persons came out of the car and committed dacoity or robbery. Under the circumstances, I find that the only material against the petitioner is recovery of part of the golden chain snatched in the incident and, therefore, prima facie offence under S.411 IPC can be said to made out against the petitioner.