DNYANDEVRAO TATYRAV WAGHMODE Vs. ALLABAKSHA GULAB NADAF

JUDGEMENT

(1.) THIS Criminal Revision Application along with Criminal Appeal will be disposed of by this common judgment and order.

(2.) CRIMINAL Revision Application No. 42 of 1992, which was converted from Criminal Appeal No. 49 of 1992, is filed by the petitioner (original complainant), being aggrieved by the judgment and order dated 9th December 1991, passed by the Judicial Magistrate, First Class, Miraj convicting accused No. 1 (respondent No. 1 in the Revision Application) and acquitting accused No. 2 of the offences punishable under section 501 and 502 of the Indian Penal Code. By the impugned order, the Judicial Magistrate, First Class, Miraj, sentenced accused No. 1, Allabaksh Gulab Nadaf to suffer S. I. till rising of the Court and to pay a fine of Rs. 500/-, in default, to suffer further S. I. for 8 days, under both the counts. The original complainant/petitioner is dissatisfied with this impugned order. His grievance is that, the sentence awarded to accused No. 1 viz. , respondent No. 1, is grossly inadequate and low since he has besmerged and tarnished the reputation of the complainant to an unimaginable extent. As far as accused No. 2s acquittal is concerned, the complainant does not seem to have any grievance because it is stated by Mr. Mundargi, appearing for the complainant that he is not pressing for conviction of accused No. 2 since he is just a poor vendor boy. However, as far as accused No. 1 is concerned, the complainants indignation is very high and the complainant appearing to be fuming and fretting for the publication of the allegedly obscene and vulgar material published by accused No. 1 in his weekly newspaper Agman, which is published at Miraj.

(3.) FEW facts which are relevant and hence required to be stated are as follows :