BHUSHANKARRAO NARSINGH MURTI RAYADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant was convicted for offence punishable under section 354 of the Indian Penal Code (' IPC ' for short) by the judgment and order dated 28.02.2006 passed by the Judicial Magistrate First Class, Court 2, Nagpur in Summary Criminal Case 1168/2002 and was sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs.2000/-. The applicant (hereinafter referred to as 'the accused') challenged the said judgment and order in appeal vide Criminal Appeal 54/2006 which was decided by the judgment and order impugned dated 19.04.2008 passed by the Ad-hoc District Judge-4 and Additional Sessions Judge-4, Nagpur. The learned Appellate Judge was pleased to allow the criminal appeal partly, the conviction was maintained and the sentence of rigorous imprisonment for one year was set aside and the fine enhanced from Rs.2000/- to Rs.5000/-. The accused is aggrieved by the judgment and order of the Appellate Judge to the extent the conviction is affirmed and is invoking this court revisional jurisdiction.

(2.) Heard A.M. Sudame, the learned counsel for the appellant and Ms. T.H. Udeshi, the learned Additional Public Prosecutor for the respondent/State.

(3.) Shri Sudame, the learned counsel for the accused, took me through the entire evidence in an anxiety to demonstrate that the concurrent conviction recorded by the learned Magistrate and the learned Sessions Judge deserve to be set aside.