NARESH SAMADHAN BHANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present revision is against the judgment of conviction, dated 27th January, 2015 awarded by 7th Judicial Magistrate, First Class, Chandrapur in R.C.C. No. 480 of 2014 for the offence punishable under Sections 380, 457 of the Indian Penal Code by which he was sentenced to suffer rigorous imprisonment of two years and fine of Rs.1,000/- for the offence punishable under Section 380 of Indian Penal Code, in default, to further suffer simple imprisonment for eight days. He was further sentenced to suffer rigorous imprisonment for three years and fine of Rs.1,000/- for the offence punishable under Section 457 of the Indian Penal Code, in default, to further suffer simple imprisonment for eight days.

(2.) The applicant/accused challenged the said judgment before the Sessions Judge, Chandrapur in Criminal Appeal No. 72 of 2015. Learned Sessions Judge partly allowed the appeal and modified the sentence. In stead of three years, conviction for the offence punishable under Section 380 of Indian Penal Code is altered to suffer rigorous imprisonment for two years and two years for the offence punishable under Section 457 of the Indian Penal Code and enhanced fine of Rs.1500/- and Rs.2000/- respectively. Both the sentences were directed to run concurrently. Both the sentences are under challenge in the present appeal.

(3.) The case of the applicant/accused, in short, is as under :-