(1.) The appellant-State of Maharashtra has appealed against the Judgment and Order of acquittal passed by the learned Judicial Magistrate, First Class, Murbad on 29 th January, 1996 in R.C.C. No. 107 of 1988 acquitting respondent-accused from the charge of commission of offence punishable under Section 394 of Indian Penal Code.
(2.) Such of the facts regarding said prosecution and necessary for deciding the present proceeding are as under :-
(3.) The respondent pleaded not guilty to charge (exhibit-8) framed against him for commission of offence under Section 394 of Indian Penal Code and claimed to be tried. The prosecution in addition to the above referred 4 witnesses examined PW-4 Dr. Ramchandra Damodar Thombhare who had examined PW-5 on 10 th June, 1995 and issued medical certificate (exhibit-29). The defence of the respondent was that of total denial. The respondent during his examination under Section 313 of the Code of Criminal Procedure stated that the prosecution evidence was false and all the material witnesses examined were relatives of the complainant and hence they have deposed falsely against him. He claimed that Kisan son of PW-5 was also working along with him at the place of Mangal Pandurang. As he did not report for the work and he asked about the same to PW-5, PW-5 was enraged due to the same and on suspicion he has involved him in the case.