APTE, J. - (1.) THIS is an appeal by the Municipal Corporation of Poona from the order of acquittal passed on revision applications filed by respondents 1 to .6 against the order of conviction and sentence passed by the trial Court.
(2.) THE first six respondents respectively were original accused Nos. 1, 3, 5, 6, 9 and 10. They along with the other accused were members of a co -operative housing Society by name 'Rajeshree Cooperative Housing Society' which was promoted by M/s. B. K. Mhaske and V. S. Apte and some others. B. K. Mhaske was the Architect as well as the contractor, Initially a plan was submitted to the Municipal Corporation Poona in of about 1970 for permission to construct a building consisting of three floors and having six flats. That plan was sanctioned by the Municipal Corporation. Thereafter it appears that the original plan was varied and it was decided to construct eight instead of six flats. Accordingly a revised plan was submitted to the Municipal Corporation sometime in 1971 and the same was sanctioned by the Municipal Corporation.
(3.) THEREAFTER , however, without obtaining any sanction or permission from the Municipal Corporation, the Society constructed a building consisting of 12 flats instead of 8 flats as sanctioned under the revised plan and after its completion the members were also given possession thereof and the members occupied them.;