Criminal Appeal No. 290 of 2002. Case: The State of Maharashtra Vs Basavraj Suryakant Banegaon and Ors.. Bombay High Court

Case Number:Criminal Appeal No. 290 of 2002
Party Name:The State of Maharashtra Vs Basavraj Suryakant Banegaon and Ors.
Counsel:For Appellant: Amit Palkar, APP
Judges:Dr. Shalini Phansalkar Joshi, J.
Issue:Indian Penal Code 1860, (IPC) - Sections 34, 395, 427
Judgement Date:May 11, 2017
Court:Bombay High Court
 
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Judgment:

Dr. Shalini Phansalkar Joshi, J.

  1. By this appeal, the State is challenging the judgment and order dated 12th October, 2001 passed by Sessions Judge, Solapur in Sessions Case No. 89 of 2001 thereby acquitting Respondent Nos. 1 to 5 for the offences punishable under Sections 395, 427 read with Section 34 of the Indian Penal Code (IPC).

  2. Brief facts of the appeal can be stated as follows;

    On 11th December, 2000 at about 9.30 am, PW3 Devgunabai, the Deputy Sarpanch of Village Chapalgaon found that the present Respondents were removing the tin-sheets of the study room, which was constructed out of MLA's fund and the same was belonging to the Grampanchayat, Chapalgaon. She along with the other persons, who were present there noticed that at the instructions of Respondent No. 1 Basavraj, Respondent No. 2 Ganesh and Respondent No. 3 Hanmant were removing the tin-sheets from the roof of the study room. Despite the objections raised by PW3-Devgunabai and the Sarpanch of the village Santosh Patil, those tin-sheets were taken away by Respondent No. 4 Siddharam and Respondent No. 5 Parmeshwar from the spot, again at the instruction and at the instance of Respondent No. 1 Basavraj.

  3. When PW1 Gramsevak Vithal Shinde came to the office of Grampanchayat at 11.30 am, the Sarpanch and Deputy Sarpanch informed him about this fact. PW1 Shinde then verified from the record whether the tin-sheets of the roof of study room belong to Grampanchayat. Thereafter, after discussing the matter with his superiors, on 15th December, 2000, PW1 Shinde lodged complaint against Respondents at Akkalkot Police Station.

  4. On the complaint (Exh. 19) of PW1 Shinde, CR No. 84 of 2000 came to be registered against Respondents for the offences punishable under Sections 395 and 427 read with Section 34 of IPC. Investigation of the said CR was taken over by PW7 P.I. Pradip Babar. On the next day, he visited the place of incident and prepared spot panchanama Exh. 20. In the course of investigation, he recorded statements of various witnesses and arrested the Respondents. During Police custody, at the instance of Respondent No. 5 Parmeshwar, on 9th January, 2001, 14 tin-sheets came to be recovered along with the 'tikav' (instrument used for removing the tin-sheets from the roof) were seized under Panchanama Exh. 31. After completion of investigation PW7 PI Babar filed charge-sheet in Court of Judicial Magistrate First Class at Akkalkot against Respondents on 23rd...

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