ONKAR DHANSINGH RATHOD TALATHI Vs. AMBADAS NAMDEORAO BHENDE

JUDGEMENT

(1.) - Heard learned Advocate for the applicant and learned APP for non-applicant No. 2/state.

(2.) THE applicant, along with co-accused was tried for offences under sections 426, 448, 500 read with sections 34 and 120-B of Indian Penal Code. The appellant and the co-accused were convicted for the offence under section 426 read with 34, Indian Penal Code and were sentenced to pay a fine of Rs. 2,000/- in default to suffer S. I. for one month. They were acquitted of the other charge. The appellant and the co-accused filed appeal before the sessions Court. The co-accused died during the pendency of the appeal and as such the appeal filed by the said accused abated on account of his death. The appeal filed by the appellant was dismissed. The conviction and sentence under section 426, Indian Penal Code against him was maintained. The appellant challenges the order dated 15-4-1998 of the additional Sessions Judge, Washim in this revision.

(3.) THE only ground on which the revision has been argued is that sanction under section 197 was required to prosecute the appellant which had not been obtained and as such the orders of two Courts below are liable to be set aside. On facts, obviously there was not much scope as there are concurrent findings of two Courts below.