SHEIKH MUSTAQ SK HUSSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant has challenged the judgment and order dated 15-12-1994 passed by Third Judicial Magistrate First Class, Pusad in Criminal Case No.163/88 and the judgment & order dated 15-11-1995 passed by the Additional Sessions Judge, Pusad in Criminal Appeal No.40 of 1994.

(2.) APPLICANT Sk. Mustaq, his father Sk. Hussain Sk. Amin and one another accused Sk. Matin s/o Sk. Ismail were tried for the offences punishable under Section 109, 225, 224, 294, 353 read with Section 34 of the Indian Penal Code. According to the prosecution, the applicant and Sk. Matin were found indulging in gambling. Hence they were apprehended by the police and taken to police station. Sk. Hussain Sk. Amin accused No.2 father of the applicant-accused went to the police station and asked Head Constable Janardan Gedam (B. No.679) as to why his son was arrested and other persons who indulged in gambling were not arrested. He held the hand of the applicant and took him outside the police station. The learned Trial Magistrate convicted the applicant for the offence punishable under Section 224 and 353 of the Indian Penal Code and sentenced him to undergo R. I. for a total period of three months and to pay a fine of Rs. 300/- i/d to undergo further R. I. for two months. Accused No.2 Sk. Hussain Sk. Amin - father of the applicant was also convicted for the offence punishable under Section 225 (I) and 353 of the Indian Penal Code, however released him on a bond of Rs. 2000/- with one solvent surety in the like amount for good conduct for a period of two years. The applicant filed an appeal. The appellate Court dismissed the same and confirmed the order passed by the Trial Magistrate.