KISAN CHANDRALAL MAKHIJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been directed against the Judgment and Order dated 31/7/2014 delivered by the Sessions Judge, Gondia in Criminal Appeal No. 2 of 2013, whereby the learned lower appellate court at Gondia has dismissed the Appeal filed by the Applicant against the Judgment and Order dated 3/1/2013 delivered by the Chief Judicial Magistrate, Gondia in Regular Criminal Case No. 119 of 2009, by which the learned Magistrate has convicted the Applicant for the offence punishable under Section 448 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1000/-, in default to pay the fine amount, sentenced to suffer rigorous imprisonment for two months. The Applicant was further convicted for the offence punishable under Section 427 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default to pay the fine amount, sentenced to suffer rigorous imprisonment for two months. The Applicant was also convicted for the offence punishable under Section 457 of Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1000/-, in default to pay the fine amount, sentenced to suffer rigorous imprisonment for two months.

(2.) Facts giving rise to the prosecution case can be stated briefly as under :

(3.) I have heard Mr. Kharkate, the learned Counsel for Applicant and Mr. Sirpurkar, the learned APP for Respondent - State. With their able assistance, I have gone through the record and proceedings of the present matter.