EKNATH PANDARI TARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned Sessions Judge, panaji, dated 18th November, 1992 which has affirmed the judgment of the learned Judicial Magistrate, First Class, Ponda dated 3rd June, 1992 convicting and sentencing the petitioner for an offence under Section 426 I. P. C.

(2.) THE petitioner was charged for the aforesaid offence besides two more offences under Sections 4. 48 and 323 I. P. C. for having criminally trespassed into the verandah of the complainant on 16th April, 1986 through the roof of his house and damaged tiles and pillars of the verandah causing him loss to the tune of Rs. 50/- and also for an offence of assault by inflicting simple injuries on her.

(3.) THE learned Magistrate after recording evidence found the charges under Sections 448 and 323 I. P. C. baseless but convicted the petitioner for the offence under Section 426 I. P. C. and sentenced him to pay a fine of Rs. 50/- or in default to undergo simple imprisonment for 3 days. The petitioner then appealed against this sentence to the learned Sessions Judge who by the judgment under challenge upheld the conviction and sentence awarded by the learned Magistrate.