JUDGMENT - SAHAI VISHNU, J.:---Since both these appeals arise out of the same set of facts and a common impugned judgment we propose disposing them of together.

2. Criminal Appeal No. 473 of 1984, has been preferred by the Appellant, the State of Maharashtra, against the acquittal of Respondent Vinayak Tukaram Utekar for an offence punishable under section 397, Indian Penal Code and of Respondent No. 2 Kashiram Shankar More, for the offence punishable under section 397 read with 34, Indian Penal Code. The said judgment of acquittal was passed on 6th March, 1984, by the Additional Sessions Judge, Thane, in Sessions Case No. 4 of 1984.

By the said Judgment the Additional Sessions Judge convicted Vinayak Tukaram Utekar for the offences under sections 379 and 324, Indian Penal Code, instead of 397, Indian Penal Code and gave him the benefit of section 360 of the Code of Criminal Procedure.

Criminal Appeal No. 474 of 1984 has been preferred by the State of Maharashtra against the order releasing Respondent Vinayak Tukaram Utekar under section 360, Criminal Procedure Code.

3. It would be pertinent to point mention that Criminal Appeal No. 473 of 1984, so far as it relates to Respondent No.

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