STATE OF MAHARASHTRA Vs. SHIVLAL

JUDGEMENT

(1.) Judgment and order of acquittal dtd. 20/3/2004 passed by learned Judicial Magistrate First Class, Parola, acquitting present respondent from offence punishable under Sec. 394 of Indian Penal Code (IPC), is now taken exception to by State.

(2.) Parola police charge-sheeted respondent for commission of offence under Sec. 394 of IPC, alleging that, on 27/12/2002 around 6.00 p.m., respondent along with three unknown persons assaulted informant Vilas, who was driving Tata- sumo vehicle bearing registration no. MH-12-PA-2260 and threw him besides the road after tying him down while vehicle in the vicinity of village Karanji-Bk on National Highway No.6. Later on, information was passed by informant Vilas to Parola Police and on the strength of his statement, crime bearing No. 228 of 2002 was registered and after investigation accused was charge-sheeted for above offence and tried by learned Judicial Magistrate First Class, Parola.

(3.) On appreciating the oral evidence of 13 witnesses as well as documentary evidence, learned trial Judge reached to a finding that, evidence on record does not establish guilt of accused and finally held the case as not proved and acquitted the accused as per Sec. 248(1) of Cr.P.C. by judgment and order dtd. 20/3/2004.