RAMESH TUKARAM JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS revision application is preferred challenging the judgment and order of the JMFC, Saswad in Criminal Case No. 165 of 1988 convicting the petitioner for offences under Sections 323 and 354 of IPC and sentencing him to SI for three months and to pay a fine of Rs. 300/- under Section354 of IPC in default to undergo SI for one month. The said order was confirmed by the Sessions Court in Criminal Appeal No. 182 of 1989 by the judgment and order dated13/12/2000 delivered by the Sessions Judge, Pune. There was no separate sentence imposed under Section323 of IPC.

(3.) AFTER considering the evidence on record the trial court convicted the petitioner for offence under Sections 323 and 354 of IPC and passed sentence only under Section354 of IPC to suffer SI for three months and to pay a fine of Rs. 300/- in default SI for one month. The petitioner had challenged this order of conviction and sentence against him recorded by the trial Court by preferring Criminal Appeal No. 82 of 1989 which was heard by the Sessions Judge, Pune who by his judgment and order dated13/12/2000 confirmed the order of conviction and sentence and dismissed the appeal. In the present revision application the above two judgments and orders of the Courts below are under challenge.