JUDGMENT :-

1. Being dissatisfied with the Judgment and Order of conviction and resultant sentence of rigorous imprisonment and fine dated 25-10-2001 passed by the learned First Ad-hoc Additional Sessions Judge, Dhule in Sessions Case No. 115 of 1999, the appellants-original accused taking recourse of remedy under Section 374 of the Code of Criminal Procedure, 1973 (here-in-after, “Cr.P.C.”) preferred the present appeal to redress their grievances.

2. The prosecution case in nutshell is that – the first informant Assistant Sub-Inspector (ASI) Shri. Nhanu Motiram Bhadane, on 20-06-1999, filed the report to concerned police of Mohadi Police Station and alleged that his superior Police Sub-Inspector (PSI) Shri. Shukla received the tip-off about the illegal act of some persons, who were making preparation for committing dacoity by utilizing the vehicle Tata Sumo bearing No. MP-09-S-2122. Accordingly, PSI Shri. Shukla secured presence of two panchas for conducting the raid. Thereafter, PSI- Shukla accompanied with first informant- ASI Shri. Bhadane, panchas and other police personnel conducted the raid at the spot located behind Aslam Garage, near the Bombay-Agra Highway within the vicini