THE STATE OF MAHARASHTRA Vs. POPAT SHANKAR PALWE

JUDGEMENT

(1.) This appeal is directed against acquittal of the respondent ordered by the learned Additional Sessions Judge, Nashik after setting aside respondent's conviction recorded by the learned Chief Judicial Magistrate, Nashik for the offences punishable under Sections 420 & 468 read with Section 511 of the Indian Penal Code. The learned Chief Judicial Magistrate had sentenced the respondent to suffer rigorous imprisonment for a period of one year with a fine of Rs. 1000/- or in default to suffer further rigorous imprisonment for 30 days which was set aside by the learned Additional Sessions Judge, Nashik by his impugned Judgment. Facts which are material for deciding this appeal are as under:--

(2.) In course of investigation, police recorded statements of witnesses from the department as also that of one Sanjay Sonawane in whose presence some amount was allegedly paid by Madhukar to the respondent. They also obtained specimens of hand writing and signature of the respondent as also the specimen of type writing on department's type writer. The specimen along with admitted and disputed documents were sent to the experts. On completion of investigation, charge sheet was sent to the Court of Judicial Magistrate F. C, Nashik.

(3.) The learned Magistrate charged the respondent of the offences punishable under Sections 420, 468 and 511 of the Indian Penal Code. Since the respondent pleaded not guilty, he was put on trial. The trial seems to have been eventually concluded before the learned Chief Judicial Magistrate, who convicted and sentenced the respondent as aforementioned. The respondent preferred an appeal before the Sessions Court which allowed the appeal by the impugned Judgment.