JUDGEMENT

The Criminal Appeal filed under Section 378(i) of Cr.P.C. being aggrieved by the judgment dated 09.11.2000 passed by Judicial Magistrate First Class, Seoni in Case No.1531/95, whereby the learned JMFC acquitted the non-appellants No.1 & 2 from the charges under Sections 457 and 380 of the IPC and acquitting the non-appellants No.3 from the charges under Section 411 of the IPC.

2. The prosecution case, in short, is that between 05.09.1995 to

10.09.1995, complainant Jagdish Agrawal along with his mother had gone for treatment and was admitted at Seoni Hospital. When they returned home, they saw that lock of the door was broken and door was opened and jewellery and cash has been stolen. Thereafter, a report has been lodged against the said offence.

3. Learned Deputy Government Advocate for the appellant/State submits that Court below has not considered the statements of complainant (PW-1) Gangabai and (PW-2) Jagdish and the evidence available on record in right prospective which proved that she has identified the stolen articles. It is submitted that findings and conclusion drawn by the Courts below are perverse, hence liable to