DINESH CHANDRIKAPRASAD PHATAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 19/12/1997 delivered by the Additional Sessions Judge, Palghar convicting the appellant, who was the accused No. 2 in Sessions Case No.271 of 1996 (Original Sessions Case No.407 of 1991) of an offence punishable under Section 452 of the Indian Penal Code (In short 'IPC') and sentencing him to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.500/, in default to suffer Simple Imprisonment for six months. There was one more accused: viz: Ramesh Pathak (accused No.1) in the said case, but the learned Additional Sessions Judge acquitted him. The appellant and the said accused No.1 were also charged of having committed an offence punishable under Section 395 of the IPC, but were acquitted of the said charge.

(2.) I have heard Mr.S.V.Marwadi the learned counsel for the appellant. I have heard Mrs..A.A.Mane, the learned Additional Public Prosecutor for the State. With the assistance of the learned counsel, I have gone through the entire evidence adduced during the trial and I have gone through the impugned Judgment.

(3.) The prosecution case, as put forth before the trial Court was to the effect that the First Informant Smt.Sheela was running a shop in the name and style of, 'Prabha General Stores'.