KALIMODDIN AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Adv. Mr. S.S. Bora appearing for the revision applicant and the learned APP Mr. S.M. Jadhav appearing for the respondent -State.

(2.) THE applicant herein is challenging the correctness and validity of the judgment and order passed by the learned Judicial Magistrate (F.C.), Purna, dated 6th January 1998, in Regular Criminal Case No. 268/1997, thereby convicting the applicant for the offence punishable under Section 2 of the Prevention of Insults to National Honour Act, 1971 [For short, hereinafter referred to as "1971 Act"], and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/ -, in default of payment of fine, to suffer further simple imprisonment for two months. The said judgment and order has been upheld by the learned Additional Sessions Judge, Parbhani, in Criminal Appeal No. 4/1998, wherein the learned Additional Sessions Judge, Parbhani, vide judgment and order dated 18th June 2002, has been pleased to dismiss the appeal.

(3.) PW 1 Namdeo Bansode happens to be the complainant. He has deposed before the court in consonance with the First Information Report which is at Exhibit 19. It is elicited in the cross examination, that the witness has a weak eye sight. It is admitted by the witness, that he had seen the flag on the mast from the road in the evening. He has admitted in the cross examination, that he was not aware as to whether the Police had drawn Panchanama of the flag which was improperly hoisted. He had complained against the co -accused before the Block Development Officer.