CHHABILAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal revision application is filed by the applicants challenging the judgment and order dated 31-1-2000, passed in criminal Appeal No. 4/1997 by the Additional Sessions Judge, Gondia, dismissing the appeal filed by the present applicants against the judgment and order dated 3-3-1997 passed by the Judicial Magistrate First Class, Amgaon, in regular Criminal Case No. 239/1993. The applicants were convicted by the judicial Magistrate First Class, Amgaon, for an offence under section 324 read with 34 of Indian Penal Code and are sentenced to suffer R. I. for six months and to pay a fine of Rs. 300/- each in default to suffer R. I. for one month each. The applicants were charged for the offence under section 325 read with 34 of Indian penal Code. Criminal Appeal No. 4/97 preferred by the applicants was dismissed by the Additional Sessions Judge, Gondia by his judgment and order dated 31-1-2000 maintaining conviction and sentence passed by Judicial Magistrate First class. Amgaon.

(2.) I have heard Mr. Mardikar, learned counsel appearing for the applicants and Mrs. Wandile, learned Additional Public Prosecutor for the respondent.

(3.) MR. Mardikar, learned counsel appearing for the applicants, at the outset, submitted that having regard to the evidence brought on record by the prosecution, no offence under section 324 read with 34 of Indian Penal Code can be said to have been proved against the applicants. Having regard to the limited scope of interference by this Court in exercise of revisional jurisdiction against judgment and order of conviction, Mr. Mardikar did not seriously press that the applicants are entitled for acquittal, however, it is the submission of Mr. Mardikar that having regard to the evidence brought on record, at the most, an offence under section 323 read with 34 of Indian Penal Code can be said to have been proved against the applicants. Mr. Mardikar submitted that even if the entire evidence of the prosecution is accepted, ingredients of section 324 of Indian penal Code have not been proved so as to warrant conviction under section 324 read with 34 of Indian Penal Code.