SADANAND SHABLI BHOBE Vs. STATE

JUDGEMENT

(1.) This is a petition filed under Section 561-A of Criminal P.C.

(2.) The facts which have given rise to this petition are these : The petitioner and two others were convicted and sentenced by the First Class Magistrate, Panaji, for offences under Sections 457 and 324, I.P.C. read with Section 34, I.P.C. In appeal the learned Sessions Judge at Panaji found the petitioner herein guilty only of the offence under Sec. 448, I.P.C. and reduced the sentence of imprisonment awarded to him. He sentenced him to undergo R.I. for 10 days. In revision this Court upheld the judgement of the learned Sessions Judge. During arguments before this Court, the learned advocate appearing for the petitioner contended that the sentence of 10 days R.I. awarded to the petitioner was severe, that the petitioner was a boy and that the sentence of imprisonment awarded to him (the petitioner) was fit to be set aside. The Court did not accept that contention of the petitioner's advocate. It was mentioned by this Court in its judgement that the age and antecedents of the petitioner were not mentioned, that the petitioner had entered the house along with other accused at night and that it could not be said that the sentence awarded to the petitioner was severe.

(3.) The petitioner now stating that his age is 31 years and he is a first offender, that he is a businessman and belongs to respectable family, that his lawyer was not present in the trial court to cross-examine the prosecution witnesses, that the Sessions Judge did not give opportunity to his counsel to address on the quantum of sentence and that the offence under Section 448, I.P.C. for which he has been convicted is punishable with imprisonment or fine, prays to review the decision of this Court in revision and set aside the sentence of imprisonment awarded to him.