V G PAWAR ASST MANAGER PHAITAN Vs. SHANTILAL MULOKCHAND DOSHI

JUDGEMENT

(1.) This is an application for revision filed by the original complainant against an order passed by the Judicial Magistrate, first Class, Phaltan, in Criminal Case No. 271 of 1974 acquitting the opponents - original accused Nos 1 to 3 of offences punishable under Sections 457 and 330 read with Section 34 of the Indian Penal Code.

(2.) It is not necessary for the purposes of this petition to enumerate all the facts in details as this application for revision is being disposed of on a pure question of law. The opponents Nos. 1 to 3 were prosecuted by the police for offences punishable under Sections 457 and 330 read with Section 34 of the Indian Penal Code in respect of breaking upon the godown; and removal of 128 bags of manure belonging to the Phaltan Taluka Sahakari Kharedi Vikri Sangh, Phaltan, of which the petitioner is the Assistant Manager.

(3.) The learned Judicial Magistrate, first Class, Phaltan, after appreciating the evidence, disbelieved the prosecution witnesses regarding the actual removal of the bags from the godown by the accused. He also disbelieved the version that the bags which the original accused No. 1 sold to the Akluj Society belonged to him. In view, of the fact that he disbelieved the prosecution witnesses regarding the removal of the bags, he acquitted the acciused. It is against this judgment that the present application for revision has been filed by the original complainant.