GAGALSINGH BADALSINGH KALYANI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26th June 2013, delivered by the Additional Sessions Judge, Pune, in Sessions Case No.506 of 2012, convicting the appellant of an offence punishable under Section 392 of the Indian Penal Code (IPC) and sentencing him to suffer Rigorous Imprisonment for 4 years and to pay a fine of Rs.5,000/ , in default, to suffer Rigorous Imprisonment for 4 months. There were four other accused in the said case. The appellant and the said other accused, all were charged of an offence punishable under Section 395 of the IPC read with Section 34 of the IPC. The learned Additional Sessions Judge, however, after holding a trial, held that the charge of an offence punishable under Section 395 of the IPC was not proved.

(2.) I have heard Shri Vikas Shivarkar, the learned counsel for the appellant. I have heard Smt.S.Gajare Dhumal, the learned APP for the State. With their assistance, I have gone through the entire evidence adduced during the trial. I have carefully gone through the impugned judgment.

(3.) The prosecution case, in brief, be stated thus :