LAWS(BOM)-1989-4-13

KESHAV Vs. STATE OF MAHARASHTRA

Decided On April 05, 1989
KESHAV SON OF SHANTARAM KAOLE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) SINCE both these revisions arise out of a common judgment, they are being disposed of by this common judgment.

(2.) CRIMINAL Revision Application No. 81 of 1988 has been filed at the instance of the accused who was convicted by the trial Court for the offence under section 325 of the Indian Penal Code and was sentenced to a fine of Rs. 800/- and R. I. for one day i. e. till rising of the Court. That order was challenged by the accused before the Sessions Judge, Nagpur. The learned Session Judge vide order dated 19-4-1968 dismissed the appeal. However while dismissing the appeal, he modified the sentence to two months rigorous imprisonment and a fine of Rs. 800/ -. It is this order which is being challenged before me by way of Criminal Revision Application No. 81 of 1988.

(3.) CRIMINAL Revision Application No. 168 of 1988 is filed at the instance of complainant Sharawan for enhancement of sentence. According to him, the sentence of two months rigorous imprisonment with a fine of Rs. 500/- for offence under section 325 of the Indian Penal Code is ridiculous and therefore, it should be enhanced. It is necessary to give certain background in order to appreciate the peculiar facts and circumstances which have given rise to the present revisions.