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.

2. 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.

3. The aforesaid persons kept watch on shops of goldsmith as they thought that accused would come there to sell the gold ornament. O