The State-Appellant has challenged the Judgment and Order of acquittal dated 11th December, 1996 passed by Ld. JMFC, Sawantwadi in Summary Case no. 400 of 1995 acquitting the original accused-respondents from the accusation of commission of offence under Sections 353, 506 r/w 34 of Indian Penal Code.

2. Such of the facts necessary for disposal of the present appeal are as under:

2.1 PW.4 Vilas Chandrakant Tembulkar working as a police constable at Sawantwadi Police Station on 16th October, 1995 has lodged the report (Exhibit-31) that as per order dated 9th October, 1995 received from Civil Court, Junior Division, Sawantwadi, on 16th October, 1995 himself and lady police constable PW-3, Jayashree Dattatraya Sasane were posted for bandobast duty for cropping of the crops in the fields of PW5, Anant Mahadeo Ghadi at Village Kolgaon, Dongarwadi. Accordingly they have reported ASI Shri Kasal at about 8.45 a.m. on 16th October, 1995 and reached Kolgaon, Dongarwadi by 10.00 hours and reported PW5. PW5 appraised them that rice paddy from the field in Survey no. 111, Hissa no. 3 in Kolgaon was to be cropped and for the said work the police bandobast was ordered by the court. Accor