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ablazed and in the process he has sustained loss of Rs.25 Laths.

8. Upon getting the complaint Palghai- police have registered crime at C.R.No.103/2008 under section 43~~, ( 201 r/w 34 of the I.P.C. and after completing the investigation filed chargesheet against the accused perso ns in the Court of J.M.RC. l'alghar against the accused perso ns under section 407 of t.te I.P.C. against accused No.] and 2, under section 407 r/wR)", of I.P.C. against accused No.3 and under section 411 of the L.P.C. against accused No.3 and 4 so also he has Era nied charge against all the accused under section 436, 201 r/w of the I.P.C. to which they have pleaded not guilty and claimed to be tried. Hence, present trial;

So far as section 407 of the I.P.C. is concerned, it speaks about criminal breach of trust by carrier etc. In the said section even warehouse keeper is covered and therefore }police assuming than the accused No.1 and 2 are warehouse -~ Keeper Lave ai ied ' section. a07 of tb T .. !r ..

note that in fact the accused No.1 and 2 were in the S. employment of the complainant in M/s.Spenta International. The accused No.1 was supervisor and the accused No.2 was his assistant in the godown of M/s.Spenta International wherein finished goods i.e. socks were stored, it were being lehled and packed in the very said godown and for that 10/ to purposes about 17 to 18 employees were employed anti the accused No.1 and z were depLILwd iu iit civi"'O ill~`.rn. 

                     it to be stolen. Hence, I answer this

                                                                                ....14/




CC/145/2O15                                                             Page 280148


                            As to Point No.6
In view of my labovc disni ;si >n I ;[III of th& 'pow m that all the accused are necessary iu 11C ;u•gtiiticd f1ci[ I he offence punishable under sectioi, 430, 1)l r/w :14 (,I 11hc~ I.P.C. The accused No.3 and 4 are neccs-:pry to ! ;~c•giiiutcd of the offence punishable tinder section 4 i 1 uI Il l.I1.C. Similarly I am of the opinion that the accused No. I ;,nncI :1rt necessary to be acquitted of ::e 3ff,.cc 7;s : !.' section 407 r/w 34 of the T.P.C. The accused No.3 is nec~.tss,iry to be acquitted of the offence punishable under scctiuti 407 r/w 109 of the LP.C. However, since the accused No.1 ;nnI :3 t are found to have committed offence of theft in a dwc:llif1g house, they are necessary to be convicted for the oJI tict! punishable under section 381 and 380 or' the E.P.C. HeiicLc, I answer the point accordingly. 
                                              .. offence                          sec tion i'3( ..
                                                                        ~a un der St.C_,
                   20   n w   3'   of   :h
Accused No.1 Prashant Bajirao Naik and accused No.2 Vipul Vasant R,ane are acquitted of the offence punishable under section 407 of the I.P.C.
Accused No.3 Mahesh Bajirao Naik is acquitted of the offence (punishable under section 407 r/w 109 of the i. P.C. ...16/ Accused No.3 Mah sh B is • ac ?Jak lNo.4 Yarmuhamrnaci Sanaulla Kharr are acquij! t uut' ilit. offence punishable under section 411 of the LP.C. The bail bonds of the accused No.2 and 4 s!.rnd cancelled.