* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 13 OF 2010 Rekha Laxman Tate ........Applicant V/S. 1. Malan Appa Tate 2. The State of Maharashtra ....Respondent no1/ Orig. Complainant ­­­­­­­­­­ Shri. Rahul S. Kate, advocate for applicant. None for respondent no.1. Ms. S.V. Gajare, APP for respondent no.2­ State. CORAM :­ S.C. DHARMADHIKARI, J. DATED :­ 3 rd FEBRUARY, 2010. P.C. :­ 1. This is an application by the original accused no.3 challenging the appellate order maintaining her conviction and sentence for the offence punishable under Section 323 of IPC. 2. The incident involves neighbors and it is alleged by the complainant that the applicant assaulted her with a stick on the left thigh. 3. The deposition of independent witnesses shows that the incident took place and the applicant did assault the lady complainant. Even the Doctor has been examined to prove the injuries. The testimony of the witnesses * 2 * including independent witnesses examined by the prosecution has not been shattered in the cross­examination. In such circumstances, there is no reason to interfere with the concurrent orders of conviction and sentence. 4. However, Shri. Kate submits that the applicant is a women. The incident took place on account of disputes between the neighbors. There were abuses hurled by each other other and the assault was not something which can be termed as premeditated. Further, there are no criminal antecedents. The applicant has been arrested on 6/01/2010 and has already undergone custody till today to serve out the sentence imposed of 3 months simple imprisonment. 5. Taking into account, the totality of the facts and circumstances and the applicant being a women accused, so also, there being no further incidents, the Revision Application is dismissed, but the sentence is reduced to 1 month from the one already imposed by the courts below. Barring alterations in the sentence, the Revision Application is dismissed. 6. With the dismissal of the Revision Application, Criminal Application No. 13 of 2010 taken out for bail does not survive. The same is disposed off as infructuous. . All concerned to act on authenticated copy of this order. [JUDGE]