STATE OF MAHARASHTRA Vs. BHAIRU KRISHNA POWAR

JUDGEMENT

(1.) The respondents were prosecuted on the allegation that they had committed an offence punishable under Section 379 of Indian Penal Code (IPC) read with Section 34 thereof. The Judicial Magistrate First Class, Gadhinglaj, after holding a trial found them not guilty and passed an order of acquittal. The State of Maharashtra is aggrieved by the said order of acquittal, and has, therefore, after obtaining leave of this court, filed the present appeal praying that the order of acquittal be set aside, and the respondents be convicted of the aforesaid offence.

(2.) I have heard Mrs.S.GajareDhumal, the learned APP for the State. I have heard Ms.Madhavi Tavanandi, the learned counsel for the respondents. With their assistance, I have gone through the entire evidence adduced during the trial. I have also gone through the impugned judgment.

(3.) The prosecution case, as put forth before the Magistrate, was as follows :