THE STATE OF MAHARASHTRA Vs. PRAKASH BABULAL BISAVA

JUDGEMENT

(1.) Both these appeals arise out of the common judgment passed by ld. Chief Judicial Magistrate, Dhule in RCC 201/1991 on 31.08.2001, whereby Vedu Deore (A1) was convicted u/s 419 Penal Code , 205 Penal Code and 467 Penal Code and accused nos. 2 and 3 were acquitted. In Cri. Appeal No. 44/2001, the State seeks conviction of accused nos. 2 and 3 for offences u/s 419, 205, 467 r/w 34 of Penal Code . In Cri. Appeal No. 47/2002, the State seeks enhancement of sentence of imprisonment of one month and fine of Rs. 500.00, in default, SI for 15 days for offence u/s 419 of Penal Code , SI for one month and fine of Rs. 200.00, in default, to suffer simple imprisonment for 10 days u/s 205 of Penal Code and SI for six months and to pay fine of Rs. 300.00, in default, to suffer SI for 10 days u/s 467 of Penal Code .

(2.) The facts relevant for deciding these appeals may be stated as under :

(3.) On the basis of the said FIR, the investigation was carried out. The statements of material witnesses were recorded. Material documents were also seized. After completion of investigation, the charge-sheet was submitted in the court.