GOKUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The proceeding is filed to challenge the judgment and order of Criminal Appeal No. 56 of 1995, which was pending in the Court of Additional Sessions Judge, Shrirampur, District Ahmednagar. This appeal was filed by respondent No. 2 to challenge the judgment and order of R.C.C. No. 334 of 1993, which was pending in the Court of J.M.F.C., Shrirampur for the offence punishable under section 379 of Indian Penal Code. Respondent No. 2 was convicted and sentenced by J.M.F.C. for this offence. Both the sides are heard. The mother of first informant Gokul was admitted in Pravara Hospital and she was kept in a special ward on 30.6.1993. She was not fully conscious. On 1.7.1993 Gokul learnt that gold and others Mangalsutra of his mother which was on her person on 30.6.1993 was missing. Friends of Gokul like Shripad Maid, Shekhar Dube had seen the accused near special ward of mother of Gokul on 30.6.1993. They knew the accused as accused hails from their village Loni. In the past also, there was suspicion against the accused that he has committed thefts.

(2.) The aforesaid persons kept watch on shops of goldsmith as they thought that accused would come mere to sell the gold ornament. On 1.7.1993 at about 4.00 or 4.30 p.m. the accused came to the shop of Sopan Maid with gold Mangalsutra and he handed over gold Mangalsutra for weighing purpose. When the accused saw the aforesaid persons near the shop, he ran away from the shop of goldsmith with Mangalsutra. These persons then went to police station and gave information against the accused. Police gave chase to the accused and they recovered gold Mangalsutra from him. The F.I.R. was given on 1.7.1993, but in the F.I.R., Gokul had not expressed suspicion against the accused. Before J.M.F.C., brother of Gokul and some witnesses, who had seen the accused near special ward on 30.6.1993 were examined. The Police Head Constable, who made investigation of the case and who made recovery of ornament, is also examined. These witnesses are believed by J.M.F.C. The Appellate Court has observed that these witnesses cannot be believed and the Appellate Court has acquitted the accused.

(3.) Gokul (PW 4) has given evidence that his grandmother was present near his mother in the special ward on 30.6.1993, but she could not see the accused, when he was snatching the ornament, as her eye sight is weak. He has deposed that as gold ornament was snatched, the ornament was broken and some gold beads were found near the bed in the ward. The report, Exh. 18, given by him is proved in his evidence. He has given evidence that after 3-4 days of incident, he was called to police station and then he identified Mangalsutra. The gold Mangalsutra was not produced in the Court during trial and no evidence on identification, either done in police station or in the Court, is there. No particular mark is described by the witnesses due to which they could say that they had identified the ornament.