STATE OF MAHARASHTRA Vs. RANGRAO ANNA PATIL

JUDGEMENT

(1.) This is an Appeal preferred by the State against the Judgment and Order of acquittal passed by Judicial Magistrate First Class, Islampur dated 02.02.1999 in Regular Criminal Case No. 50 of 1984.

(2.) Brief facts giving rise to the present Appeal are as follows:

(3.) The learned APP submits that the Respondent-accused was entrusted with 31 cement bags of Urea, 22 bags of sufla fertilizers and such other articles worth Rs.49,948.50 in his capacity as a Secretary of the said society and the Respondent-accused has converted the said property for his own use with intent to deceive the said Society. The learned APP submits that the evidence of the Complainant remained incomplete and the learned Magistrate has erroneously closed the evidence of the prosecution. The learned Magistrate has passed the order of acquittal on the ground that there is no incriminating evidence against the Respondent-accused. The learned APP submits that no opportunity was given to the prosecution to complete its evidence and as such the impugned Judgment and order of acquittal is not proper, correct and legal and thus the same is liable to be quashed and set aside.