BHAGWAT VITTHAL BARHATE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision is by original accused, who was convicted by learned Judicial Magistrate, First Class, Pathardi in Summary Criminal Case No. 132 of 2000 for an offence punishable under Sections 279, 337, 427 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act, which was partly modified in Criminal Appeal No. 28 of 2003 by setting aside the conviction for an offence punishable under Section 427 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act. As such, present criminal revision application.

(2.) Heard learned Counsel for the applicant.

(3.) While opposing the claim, learned A.P.P. submits that learned Sessions Judge has rightly modified the punishment and the fact remains that the conviction of the applicant for an offence punishable under Section 279, 337 of the Indian Penal Code is based on oral evidence. According to him, there is no scope of interference in revisional jurisdiction and revision, as such, is liable to be dismissed.