vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.36 OF 2005 CRIMINAL APPLICATION NO.36 OF 2005 CRIMINAL APPLICATION NO.36 OF 2005 IN CRIMINAL APPEAL NO.13 OF 2006 The State of Mahrashtra ... Appellant V/s. Irfan @ Hippya Nazir Shaikh & Ors. ... Respondents Mrs.P.H. Kantharia, APP, for Appellant None for Respondents CORAM: V.G. PALSHIKAR, Ag. C.J. & V.G. PALSHIKAR, Ag. C.J. & V.G. PALSHIKAR, Ag. C.J. & SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: AUGUST 22, 2006 AUGUST 22, 2006 AUGUST 22, 2006 P.C.: P.C.: P.C.: . Criminal Application for condonation of delay allowed for the reasons mentioned in the Application. Delay condoned. : 2 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.13 OF 2006 CRIMINAL APPEAL NO.13 OF 2006 CRIMINAL APPEAL NO.13 OF 2006 The State of Mahrashtra ... Appellant V/s. Irfan @ Hippya Nazir Shaikh & Ors. ... Respondents Mrs.P.H. Kantharia, APP, for Appellant None for Respondents CORAM: V.G. PALSHIKAR, Ag. C.J. & V.G. PALSHIKAR, Ag. C.J. & V.G. PALSHIKAR, Ag. C.J. & SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: AUGUST 22, 2006 AUGUST 22, 2006 AUGUST 22, 2006 P.C.: P.C.: P.C.: . This is an appeal for enhancement of sentence. The Respondent accused has been convicted by the learned Adhoc Additional Sessions Judge, Thane under section 326 of the Indian Penal Code to suffer imprisonment for three years. According to the State, this punishment is inadequate. 2. Awarding of punishment is a matter of judicial discretion. On a perusal of the impugned order, it cannot be said that the discretion was in any manner improperly exercised. Hence, the Appeal is rejected.