STATE OF MAHARASHTRA Vs. VAIJAYANTI VASANT GHADI

JUDGEMENT

(1.) The State-Appellant has challenged the judgment and Order of acquittal dated 11th December, 1996 passed by Ld. JMFC, Sawantwadi in Summary Case No. 400 of 1995 acquitting the original accused-respondents from the accusation of commission of offence under Sections 353, 506 r/w 34 of Indian Penal Code. Such of the facts necessary for disposal of the present appeal are as under:-

(2.) Smt. V.R. Bhosale, learned APP urged that the trial Court did not properly appreciate the evidence of PW.3 and PW.4 and the same in turn establishes that incident as contended by the prosecution has occurred and during the same the respondents had rushed towards PW.3 and PW.4. Learned APP contended that thus trial Court committed an error in acquitting the respondents of the offences accused of.

(3.) Thoughtful considerations were given to the submissions advanced by learned APP and the record and proceedings were carefully examined to ascertain the merits of the same. Since none was present on behalf of the respondents, there was no advantage to hear any submissions on behalf of them.