GANPATI AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Adv. Mr. S.B. Bhapkar appearing for the revision applicants and the learned APP Mr. S.D. Kaldate appearing for the respondent - State. The applicants had filed present revision under Section 397 of the Code of Criminal Procedure, 1973.

(2.) The applicants herein were prosecuted for offence punishable under Section 394, read with Section 34, of the Indian Penal Code, in Regular Criminal Case No. 190/1985. By the judgment and order dated 14-1-1988, passed by the learned Judicial Magistrate (F.C.), Gangakhed, present applicants were convicted for the offence punishable under Section 394 of the IPC and each of them was sentenced to suffer rigorous imprisonment for 9 months and to pay fine of Rs. 50/-, in default of payment of fine, further rigorous imprisonment for 10 days. Being aggrieved by this judgment and order, the applicants herein had filed Criminal Appeal No. 5/1988. The learned Additional Sessions Judge, Parbhani, vide judgment and order dated 18th September 1997, has been pleased to dismiss the appeal. Hence, this revision.

(3.) Such of the facts necessary for the decision of this revision application are as follows:--