NUTAN SHAHADEO PANDIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Revision Application is filed by the applicant - Original accused, being aggrieved by the Judgment and Order dated 13th November, 1992, whereby he dismissed the appeal of the applicant and maintained the finding of conviction and sentence recorded against the accused.

(2.) FEW facts, which are required to be stated, are as follows : A complaint came to be filed by Smt. Lalita Sitaram Pavesukar to the effect that on 21st January, 1989, at about 18.15 hours, she was alighting from train at Dahisar Railway Station, when "somebody" snatched her Mangalsutra weighing 16 grams. She reported the matter to Borivli Railway Police and First Information Report was registered. During the course of investigation, Borivli Railway Police arrested the present applicant and Mangalsutra of the complainant was recovered from Ramesh Sharma in the presence of one Parab Rele at the instance of the applicant accused. This recovery was made under section 27 of the Evidence Act. The Mangalsutra was identified by the complainant and on the basis of this fact, a charge sheet came to be filed against Nutan Shahadeo Pandit in the Court of the learned Metropolitan Magistrate, 43rd Court, Borivli in Case No.1488/rp/1989 under Section 397 of the Indian Penal Code.

(3.) IT is the contention of the applicant that the judgments of both the lower Courts are wrong and that finding of conviction was recorded by both the Courts without there being any basis.