STATE OF MAHARASHTRA Vs. BODYA RAMJI PATIL

JUDGEMENT

(1.) RESPONDENT Bodya alias Vanwas son of Ramji Patil, aged about 20 years (at the time of occurrence), resident of Saygaon in Tahsil Umred of District Nagpur, has been convicted by 4th Extra Assistant Sessions Judge, Nagpur, of an offence Under Section 335 of the Indian Penal Code. Instead of sentencing him to any punishment, the learned Judge released the respondent after executing a personal bond of Rs. 500 with one surety in the like amount for a period of one year for keeping peace and be of good behaviour Under Section 4 of the Probation of Offenders Act, 1958.

(2.) INITIALLY, the respondent was charge with an offence Under Section 307, or in the alternative Under Section 326 of. the I. P. C. As he happened to be acquitted of these offences, the State has preferred Criminal Appeal No. 249 of 1975 against the acquittal of the respondent of those offences. The State has also preferred Criminal Appeal No. 250 of 1975 challenging the order of the learned Extra Assistant Sessions Judge, Nagpur, by which he released the respondent on probation on his personal bond with one surety under the provisions of the Probation of Offenders Act, 1958, as stated above.

(3.) IT is prayed in this appeal that the order of the learned Assistant Judge be set aside and sentence against the respondent may be enhanced suitably.