JAYASHTREE BHASKAR KHAMBATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal revision application is filed by the original, accused against the order of the learned Additional Sessions Judge, dismissing their appeal against the order of the learned Judicial Magistrate, Poona, convicting them under section 323 of the indian Penal Code and sentencing each of them to suffer S 1. till the rising of the Court and to pay a fine of Rs. 100/-

(2.) Briefly stated the prosecution case was that the complainant one Lilabai and her daughter were the subtenants of accused No.2 Accused No. 1 is the daughter of accused No. 2. As is not unusual litigations were going on between the tenant and the subtenants. On 20th September 1973. when Lilabai tried to enter her rooms, accused No. 2 obstructed her and aceused No. 1 Suddenly slapped her and bite her right thumb. On these facts, both the accused were prosecuted.

(3.) Although the accused pleaded not guilty to the charge, the learned Magistrate believed the case for the prosecution and convicted and sentenced both the accused as stated at the outset of this judgment.