RAJNIKANT KANJI BAMANIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the Counsel for the applicant, the learned Public Prosecutor for Union of India and the learned APP for State. The applicant herein is the original accused in RCC No. 5 of 2010. By Judgment and Order dated 24th September, 2010 the learned Judicial Magistrate First Class, Diu had been pleased to convict the applicant for offence punishable under Section 323 of the Indian Penal Code and sentenced him to suffer S.I. for one month and to pay fine of Rs. 500/- i.d. to undergo S.I. for 7 days. The applicant is also convicted for offence punishable under Section 506 of the Indian Penal Code and sentenced him to suffer S.I. for 3 months and to pay fine of Rs. 1000/- i.d. to suffer S.I. for 15 days. He is also convicted for offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer S.I. for one month and to pay fine of Rs. 500/- i.d. S.I. for 7 days. Being aggrieved by the said Judgment and Order, the applicant had preferred an appeal before the Court of Sessions, Diu. The learned Sessions Judge, Diu by Judgment and Order dated 24th April, 2013 has been pleased to dismiss appeal. Hence, this revision.

(2.) Such of the facts which are necessary for the decision of this application are as follows:

(3.) The prosecution examined 7 witnesses to bring home the guilt of the accused. The learned Magistrate had thereafter convicted the accused. The Appellate Court had dismissed the appeal.