SAHEB S O SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The first revision application has been filed by the original accused against the order passed on appeal by the Sessions Judge on Parbhani confirming the order of conviction and sentence passed against the petitioner by the Assistant Sessions Judge, Parbhani, for an offence under section 307 of the Indian Penal Code and sentencing him to suffer R.I. for 4 years.

(2.) When this revision came up for admission before my learned brother Joshi J., while granting rule, he issued a show cause notice to the accused as to why the punishment should not be enhanced in view of the fact that the minimum sentence for the offence under section 397 was imprisonment for 7 years and that notice has come to be numbered as Revision Application No. 102 of 1976. Prosecution witness Munaji Balaji Bhale resides with his family which consists of his father, two brothers and other members in Warik Lane at Pathari. They have two houses which are situate in front of each other. One of the houses is used by the brothers for their studies, while the other house is used for the purpose of residence.

(3.) On the nigth between 15th and 16th June, 1974, Munjaji had slept on the Ota in front of the house used for studies by his brothers. His brother Ramdas had slept inside that house, while their father Balaji had slept in the residential house in front of the first mentioned house.