DIWAKAR MANIRAM KOHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Additional Sessions Judge, Chandrapur, in Criminal Appeal No.16 of 2001, whereby the learned Sessions Judge set aside the applicant's conviction for offences punishable under Sections 186 and 353 of the Penal Code, but maintained his conviction for offence punishable under Section 427 of the Penal Code, as also the sentence of simple imprisonment for one year and fine of Rs.400/- imposed upon him by the learned Judicial Magistrate First Class, Saoli, District Chandrapur.

(2.) It was alleged that the applicant and several others had obstructed complainant Mirkhurshid Ali, a Forester, and one Nannaware, a Forest Guard, when they were in the process of stopping illegal carrying of fuel wood from the forest. A bag containing official papers of the complainant was snatched from Nannaware and papers were allegedly torn. On a report by Mirkhurshid Ali, the police registered offences punishable under Sections 353, 332 and 427 of the Penal Code and seem to have also added offence punishable under Section 186 of the Penal Code. On completion of investigation, a chargesheet was sent to the Court of Judicial Magistrate First Class, Saoli.

(3.) The learned Magistrate charged the applicant of offences punishable under Sections 186, 353, 332 and 427 of the Penal Code. Since the applicant pleaded not guilty, he was put on trial, at which the prosecution examined in all six witnesses to bring home the guilt of the applicant. After considering the evidence tendered, the learned Magistrate acquitted the applicant of offence punishable under Section 332 of the Penal Code, but convicted and sentenced him for offences punishable under Sections 186, 353 and 427 of the Penal Code.