TARABAI SHANKAR JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALTHOUGH the matter has been on the board of this Court since long, Mr. Anil L. Desai, learned Counsel for the applicant is not present. Consequently, with the assistance of Mr. D. T. Palekar, Addl. Public Prosecutor, I am deciding the matter on merits.

(2.) BY means of this revision, the applicant has impugned the judgment and order dated 16-9-92, passed by the IIIrd Addl. Sessions Judge, Kolhapur in Criminal Appeal No. 25 of 1990, whereby the conviction of the applicant for offences punishable under sections 498-A and 355 of I. P. C. and a sentence of fine of Rs. 200/-, has been confirmed but the substantive sentence has been reduced from one year R. I. to six months R. I. The concurrent finding recorded by the courts below is that on the day of incident, in the morning, the applicant had given blows with kicks and fists to the complainant Sou. Chhaya Kiran Jadhav and the same evening at about 5. 00 p. m. , the applicant with a razor, removed all the hairs on the head of the complainant. I find that the said finding is based on good evidence. The evidence of Sou. Chaya Kiran Jadhav has been rightly accepted by the courts below. The courts below have also referred to some other evidence which has been set out in their judgments. In my view, the impugned order can neither be faulted on account of perversity in appreciation of evidence nor can be said to suffer from any illegality resulting in failure of justice.

(3.) THE only question remains is that pertaining to the sentence. I find that the incident has taken place more than 12 years ago. I also find in the 313 Cr. P. C. statement of the applicant which was recorded on 28-2-90, she has given out her age as 50 years. This shows that today she is aged about 58 years.