STATE OF MAHARASHTRA Vs. SANJAY

JUDGEMENT

(1.) This Appeal by State is against acquittal of the Respondents (original accused Nos. 1, 2, 4 to 6 and 8 to 10, hereafter referred as "accused" with their original numbers). The accused faced trial in the Sessions Case No.56 of 1998 before Additional Sessions Judge, Dhule for offence punishable under Section 395, 396, 397, 402, 412, 414, 457 read with 34 of the Indian Penal Code, 1860 (for short "I.P.C."). During pendency of trial, accused No.1 absconded and his trial was separated and charge dated 14th February 2000, was framed against original accused Nos. 2 to 10. It included original accused No.3 Shrimant Vyankat Kale and original accused No.7 Das @ Paltya @ Gas @ Chindhya Bapu Bhosle. In the course of recording of evidence against original accused Nos. 2 to 10, accused No.1 was apprehended and charge was framed against him on 4th July, 2001 and witnesses examined till then were recalled. In the further trial, accused Nos. 3 and 7 absconded and thus trial was split up as regards accused Nos. 3 and 7. The trial as regards above Respondents (original accused) has been completed. They came to be acquitted by the Additional Sessions Judge, vide Judgment dated 11th July, 2002. Thus the present Appeal has been filed by the State.

(2.) The case of the prosecution in short, is as under:

(3.) As mentioned, earlier charge was framed on 14th February 2000, against accused Nos. 2 to 10 and when accused No.1 was apprehended, the charge was framed against him on 4th July, 2001. Prosecution examined 17 witnesses to prove its case. The defence of the accused persons is of total denial and false involvement in the case. The trial Court, after appreciating the oral and documentary evidence, has acquitted the above Respondents (accused), hence the present Appeal.