BASHIR JANUBHAI PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present is the Cri.Revn.Appln. filed on behalf of the applicant since he is aggrieved by the Judgment and Order of conviction dated 23rd December, 1997 passed by the learned Judicial Magistrate, F.C., Pathardi, Dist. Ahmednagar in S.T.C.No.279 Of 1995, by which the learned Magistrate was pleased to convict the applicant for the offences punishable U/Section 304(A) and 279 of the Indian Penal Code, 1860 [In short, the I.P.Code] and sentenced him to suffer simple imprisonment for three months and to pay fine of Rs.500/- [Rs.Five Hundred only] on both counts and in default of payment of fine, it was directed that the accused shall suffer further simple imprisonment for one month; together with the Judgment and Order dated 30th August, 2000 passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Appeal No.83 Of 1997 by which the learned lower appellate court was pleased the dismiss the Criminal Appeal and confirmed the order of conviction passed by the learned Magistrate.

(2.) The brief facts showing the travel of the present case from the court of the learned Magistrate to this court, can be enumerated as briefly as possible, as under :-

(3.) Present Cri.Revn.Appln. was admitted by this court on 09/01/02. Prior to the said order of admission, on 5th October, 2000 this court [ Coram : B.B. Vagyani, J.] passed an order and released the applicant on bail. I have heard Mr. S.S. Jadhavar, learned counsel for the Applicant and Mr. A.S. Shinde, A.P.P. for the State of Maharashtra in extenso. With their able assistance I have gone through the impugned judgments.