JUDGMENT - N.P. CHAPALGAONKER, J.:---This is an application by the complainant in a Criminal Case challenging the order passed in appeal by the convicted person in which the order of the disposal of the property passed by the learned trial Judge was varied. Bhikaji s/o. Tukaram Darade - applicant had filed a report with the Police that electric motor pump owned by him and fixed in a well situated in Survey No. 26 at village Limbala, Taluka : Jintoor, was stolen. Police investigated the complaint and filed a charge-sheet against Nago, Sahebrao, Damodhar and Rama. The learned Judicial Magistrate, First Class, Jintoor, who tried this Criminal Case No. 37 of 1984 was pleased to convict accused No. 2 and sentenced him to suffer Simple Imprisonment till rising of the Court and to pay a fine of Rs. 2,000/-, in default, to suffer Rigorous Imprisonment for 60 days. Accused Nos. 1 and 3 were acquitted. The learned Magistrate was further pleased to order that the electric motor which was already handed over temporarily to complainant Bhikaji should be retained by him. This order of conviction was challenged by accused Sahebrao in Criminal Appeal No. 45 of 1989 and the learned Sessions Judge,

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