STATE OF MAHARASHTRA Vs. HARIBHAU RAOJI WAWAGE

JUDGEMENT

(1.) The State Government has filed this appeal under Section 378(3) of the Code of Criminal Procedure, challenging the acquittal of the respondents by Chief Judicial Magistrate, Amravati on 22.06.2015 in Regular Criminal Case No.163/1990 of an offence punishable under Section 409 read with Section 34 of the Indian Penal Code.

(2.) The matter was heard for some time yesterday and due to various heads under which misappropriation is alleged, hearing came to be adjourned to today. We have heard at length both the learned counsel i.e. Mr. M. J. Khan, learned A.P.P. for the appellant and Mr. C.A. Joshi, learned counsel for the respondents.

(3.) Accused No.1 was about 64 years old when the appeal was filed and is no more. The appeal against him has therefore abated on 16.06.2015. He was in-charge of the farm where the alleged offence has taken place. The respondent No.2 was accused No.2, working as Veterinary Officer under him. The respondent No.3 was Junior Clerk working under the respondent No.1.