LAWS(BOM)-1997-4-99

STATE OF MAHARASHTRA Vs. NILKANTH CHINTAMAN JOSHI

Decided On April 09, 1997
STATE OF MAHARASHTRA Appellant
V/S
Nilkanth Chintaman Joshi Respondents

JUDGEMENT

(1.) THIS appeal is filed by the State against the order of acquittal dated 14.10.83 passed by the learned trial Judge in Criminal Case No.27124 of 1979, whereby the learned Judge acquitted accused Nos.1 to 4 and accused Nos.10 and 11 for the offences punishable u/s. 409, 420, 468 and 471 of I.P.C. simplicitor or read with section 120(B) I.P.C. or read with section 109 and 34 I.P.C. and also acquitted accused Nos.5 to 9 for the offences punishable u/s. 409, 420, 471 I.P.C. simplicitor or read with section 120(B) I.P.C. or read with Section 34 and 109 I.P.C. and 468/120(B) I.P.C. The appellant-State has challenged that order in this appeal. The charges were framed against accused persons under sections 120(B), 409, 420, 468, 471 r/w section 34 and 109 of I.P.C, for committing forgery, cheating and conspiracy. The charges framed against the Respondents-accused persons by the trial court are run into 37 heads as follows:

(2.) DURING the period between January 1978 and November 1978 at Pune and Lonavala, accused No.1 to 11 agreed to do or cause to be done illegal acts by illegal means to wit;

(3.) MS . Revati Mohite-Dere, learned counsel appointed by the court for the respondents taken us through the entire prosecution evidence and submitted that if this order of acquittal is reversed after nearly 19 years and the respondents-accused are ordered to undergo actual sentence, that will spoil their career. The respondents have settled in their life.