RAJKUMAR GANPATRAO KAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) HEARD Mr. Pathan, learned Counsel, for the applicant, Mr. Mirza, learned a. P. P. , for non-applicant No. 1 and Mr. Ghurde, learned Counsel for non-applicants 2 to 4.

(3.) THIS revision is directed against the judgment dated 17-8-2002 delivered by the learned Sessions Judge, Amravati, in Criminal Appeal No. 38 of 1995 thereby acquitting the respondents 2 to 4 of the offence punishable under section 429 read with section 34 of Indian Penal Code. The complainant and the respondents 2 to 4 are related to each other. On 8-8-1991 when the complainant returned to the village, he found that ten sheep belonging to him were cut from their neck and on enquiry the accused No. 1 threatened. him to kill all his sheep. On 15-8-1991 the complainant found twelve sheep dead and six sheep injured. The complainant immediately lodged the first information report at police station Shirkhed on the basis of which offence bearing-Crime No. 178/91 under section 429 read with section 34 of Indian penal Code was registered. After completion of investigation, charge-sheet was filed in the Court of learned J. M. F. C. , Morshi. The learned trial Court framed the charge, recorded the evidence of the prosecution witnesses and ultimately convicted accused No. 1 to 3 for the offence punishable under section 429 read with section 34 of Indian penal Code and sentenced each of them to suffer rigorous imprisonment for two years and to pay a fine of Rs. 3. 000/- each, in default to suffer rigorous imprisonment for six months. Being aggrieved by this order of conviction, accused/respondents 2 to 4 preferred Criminal Appeal No. 38 of 1995 in the Court of learned Sessions Judge, amravati. The learned Sessions Judge vide order dated 17-8-2002 allowed the appeal and set aside the order of conviction passed by the learned trial court and acquitted respondents 2 to 4 of the offenpe with which they were charged. It is this order of acquittal, that has been challenged in this revision.