JAGANNATH BHIMRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 31st January 1991 passed by the 4th Additional Sessions Judge, Sangli, in Sessions Case No. 170 of 1990, convicting and sentencing him to undergo R.I. for 3 years and to pay a fine of Rs.3000/-, in default to suffer R.I. for 6 months for an offence under section 436 IPC., has come up in appeal before me.

(2.) IN short the prosecution case is that the appellant had borrowed Rs.500/- from Mangala, the wife of the informant Yuvaraj Mandale, P.W. 1 about two months prior to the incident. Inspite of her asking him to pay back the money twice or thrice he did not pay it. On the night of the incident at about 9 pm. when Yuvaraj and Mangala were sitting in the court yard of their house the appellant came there. When Mangala again demanded the money, he threatened her.

(3.) AFTER the usual investigation the appellant was chargesheeted for an offence under section 436 IPC.