LAXMAN GODYA MHASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the original accused questions the- conviction under section 457 and section 394 read with sec. 397 of the Indian Penal Code, with regard to an incident that is said to have occured during the night between 26th and 27th of December 1972 at the residential premises of Yamunabai (P. W. 1) and her husband Laxya .(P. W.7).

(2.) The case of the prosecution againest the accused was that before dawn on the night of the incident Yamunabai and Laxya woke up because of the croaking noise of the cock kept in their house and they found that the door of the house which was bolted from inside was wide open and noticed one thief standing near the door and handing over cock to another thief. Laxya caught the feet of the thief and at that time the thief inflicted blows by scy the on the hands of Laxya. Yamunabai went close to the accused and snatched away the torch from the hand of the thief and flashed the light on the face of the thief. In that light they could identify the theif. Due to injuries Laxya fell unconscious and eventually was taken to Dr. Jani by Yamunabai, who also lodged the F. I. R- as per Exh. 6. It is the case of these two witnesses Yamunabai and Laxya that they disclosed the name of the accused as the thief not only to the police but also to the neighbours two of them being Laxmibai (P. W. 4) mother of Laxya and one Bendya (P. W. 8)

(3.) The plea in defence was total denial and false implication by Yamunabai and Laxya on account of enmity and on account of transactions between the accused and Yamunabai's husband Laxya.