MUSTAFA FATTU TADVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two Cri. Revn. Appln. can be disposed of by the present common judgment. Though two different Criminal Appeals were preferred before the lower appellate court bearing Cri. Appeal Nos. 31/1997 and 32/1997, since the appellant and the complainant were common and the offence was in respect of the transaction of the same Society about the misappropriation, the learned lower appellate court by its common judgment dated 9th June, 2000 was pleased to dismiss both the criminal Appeals, thereby, confirming the Judgments and Orders passed by the learned Judicial Magistrate, F.C., Raver, Dist. Jalgaon passed in Regular Criminal Case Nos. 132/1987 and 133/1987 convicting the applicant for the offence punishable U/Section 408 of the Indian Penal Code, 1860. In both the Regular Criminal Cases, the learned Magistrate by his separate Judgments dated 9th June, 2000 convicted the present applicant for the offence punishable U/Section 408 of the Indian Penal Code, 1860 and directed him to suffer Rigorous Imprisonment for one year and to pay fine of Rs. 1000/ - [Rs. One Thousand only] and in default of payment of fine, directed him to suffer further simile imprisonment for six months. Needless to mention the learned Magistrate was pleased to direct that both the sentences awarded in these two different Criminal cases to run concurrently.

(2.) I have heard Mr. Ashwin V. Sakolkar, learned counsel for the applicant in both the Cri. Revn. Applns. and Mr. A.S. Shinde, learned A.P.P. for the State of Maharashtra, in extenso.

(3.) PER contra, the learned A.P.P. for the State submitted that, the concurrent findings of fact recorded by the courts below show that the prosecution was able to prove its case by adducing cogent and consistent evidence and in absence of any perversity, this court should be slow in interfering with such concurrent findings.