SHEIKH SALIM SK SHERUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Returnable forthwith.

(2.) HEARD Finally with consent of parties.

(3.) THE facts are as follows - Complainant is a driver in State Transport Corporation. On the date of the incident he was driving a bus. While he was proceeding towards Mahagaon, the accused were following him on the motor cycle. THE accused were in a hurry and wanted to overtake the bus but, it is alleged that the complainant did not allow them to overtake. THE bus was stopped at Kasarbed village in order to allow the passengers to alight. While the bus was standing, the accused came there and questioned the complainant why he did not give side to them and then pulled him out of the cabin of the bus and beat him. THE driver i. e. the complainant lodged report and the accused/applicants were prosecuted before the Magistrate. THE Magistrate acquitted accused No. 1 but convicted accused No. 2 and sentenced him to imprisonment for period of three years under Section332 of the Indian Penal Code. An appeal was preferred by accused No. 2 i. e. the present applicant/accused before the Sessions Judge. THE Sessions Judge confirmed the conviction but reduced the sentence to one year rigorous imprisonment. Hence, accused No. 2 has preferred the revision. THE Criminal Revision No. 124 of 2004 was decided by this court and it is apparent that the counsel for the applicant did not appear and without hearing him, it was decided and dismissed.