STATE OF MAHARASHTRA Vs. DWARIKAPRASAD SITARAM MISHRA

JUDGEMENT

(1.) Heard Mr. Shinde, learned APP for the Appellant - State and Ms. Rukmini Khairnar, learned Counsel for the Respondent Nos. 4 to 7.

(2.) By the present Criminal Appeal filed under Sec. 378(1) of the Code of Criminal Procedure, 1973 ("CrPC"), the challenge is to the legality and validity of the Judgment and Order dated 23 rd May 2002 passed by the learned JMFC, IInd Court, Thane in RCC No.105 of 1994. By the impugned Judgment and Order the Accused have been acquitted under Sec. 248 of CrPC for the offences punishable under Ss. 406, 468, 471 r/w 149 of the Indian Penal Code, 1860 ("IPC").

(3.) The prosecution case is set out in Paragraph Nos.2 to 4 of the impugned Judgment and Order of the learned Trial Court, which reads as under :-