SHARMA, J. - (1.) BOTH the matters (criminal appeal filed by the State as well as criminal revision filed by the complainant) arise out of the same FIR and same incident, hence, they are decided by this common Judgment.
(2.) THE State of Rajasthan has preferred this appeal against the judgment of acquittal dated 27. 11. 1991 passed by learned Munsif & Judicial Magistrate-Ist Class, Tonk (Rajasthan), in criminal case No. 460/1987 whereby he acquitted the accused respondents for the offence u/s. 406/34 IPC. The complainant preferred the instant criminal revision petition under Section 397 read with Section 401 Cr. P. C. for convicting the accused respondents as also for remanding the case for passing fresh orders. Brief facts of the case are as under:- *** On the basis of this complaint sent under Section 156 (3) Cr. P. C. , police registered case No. 201/87 for the offence u/ss. 406, 120b, 420, 467, 468, 34, 109 IPC and investigation commenced. After investigation the police submitted challan against the accused respondents for the offence u/s. 406/34 IPC.
(3.) THE charges were framed against the accused respondents for the aforesaid offence, who pleaded not guilty and claimed trial. During trial the prosecution in support of its case produced as many as 10 witnesses and certain documents were got exhibited. In defence the accused respondents produced one witness. Thereafter the statement of the accused-respondents under Section 313 Cr. P. C. was recorded. ;