IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1197 OF 2004 CRIMINAL APPEAL NO.1197 OF 2004 CRIMINAL APPEAL NO.1197 OF 2004 The State of Maharashtra ..Appellant V/s. Anjanabai S.Nimbalkar & Anr. ..Respondents ---- Mrs.G.P.Mulekar APP for Appellant/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date :10th January, 2006. PC 1. This is an appeal filed by the State impugning a Judgment passed by the JMFC, Phaltan on 16.6.2004 acquitting the accused for offences punishable under Sections 447, 397 r/w 34 of IPC. On perusal of the impugned Judgment it is clear that the same is passed on cogent and acceptable reasons. The case of the prosecution was that the complainant was the owner of gut no.701 to the extent of 12 anna shares. That the accused had illegally cut the crops. The defence of the accused was there was no partition by metes and bounds between the members of the family and he was solely in possession of the entire gut no.701. It is seen that there is a reference in the judgment to civil litigation between the parties and the ultimate finding is prosecution has failed to : 2 : prove that the complainant had 12 anna shares. In my view, not a fit case to interfere, hence leave refused and consequently, appeal stands dismissed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)