SUJAL BALRAM MONDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The case of the prosecution against the applicant in short is that, the applicant/accused was externed from district Gadchiroli. During the period of externment he was found at village Jaynagar, Tahsil Chamorshi. He was arrested in presence of panchas. Chargesheet was filed for the offence punishable under Section 142 of the Maharashtra Police Act. The charge was framed by Judicial Magistrate First Class,Chamorshi. Prosecution has examined in all four witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure. After hearing the prosecution and defence, the learned Judicial Magistrate First Class, Chamorshi convicted the applicant/accused for the offence punishable under Section 142 of the Maharashtra Police Act and sentenced him to suffer simple imprisonment for one year and to pay fine of Rs.2,000/- in default, to suffer simple imprisonment for 15 days.

(2.) The judgment of Judicial Magistrate First Class, Chamorshi was challenged before the Sessions Judge, Gadchiroli in Criminal Appeal No.40 of 2012. Sessions Judge, Gadchiroli vide judgment dated 19th December 2014 partly allowed the appeal and maintained the judgment of conviction, however, modified the sentence and accused was directed to undergo jail sentence for a period of six months instead of one year. Hence the present revision.

(3.) Heard learned advocate Shri.Sumedh Kadam h/f learned advocate Shri.Rajnish Vyas. He has submitted that the material evidence relied by the prosecution are not proved. As per his submission externment order itself is not proved before the Judicial Magistrate First Class. Therefore, offence punishable under Section 142 of the Maharashtra Police Act is not attracted.