STATE OF MAHARASHTRA Vs. SURESH MADHUKAR KARDAK

JUDGEMENT

(1.) This appeal has been preferred by the State of Maharashtra under Sec. 378(3) of Code of Criminal Procedure challenging the judgment and order dtd. 3/8/2005 passed by learned Judicial Magistrate, First Class, Nashik Road, in Regular Criminal Case No.16 of 2001 acquitting the respondents of the offences punishable under Sec. 381 r/w 34 of Indian Penal Code.

(2.) The case of prosecution is that the accused no.1 was serving with Indian Security Press. He removed 1,000 stamp papers of Rs.1,000.00 denomination and handed over the same to the co- accused for sale. During the course of investigation 500 stamp papers of Rs.1,000.00 each were recovered from accused nos.2 to 5. Search at the residence of accused no.1 had resulted in recovery of 1,500 stamps of Rs.1,000.00 denomination. The complaint was lodged by various persons on behalf of India Security Press. During the course of investigation accused were arrested and directed to be released on bail. On completing investigation charge sheet was filed.

(3.) Charge was framed against accused u/s.381 r/w 34 of Indian Penal Code vide order dtd. 25/10/2002. The charge indicate that prior to four months of 24/10/2000, the accused no.1 was in service with Security Press and committee theft of 1,000 stamps of Rs.1,000.00 each and in furtherance of common intention handed over them to accused nos.2 to 5 for sell and thereby committed offence punishable under Ss. 381 r/w 34 of Indian Penal Code.