1 CRA-93-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL REVISION APPLICATION NO. 93 OF 2011 Deeli Manohar Kulthe alias Sonar ... Applicant vs. The State of Maharashtra & Anr. ... Respondents Mr. V.V.Purwant,Advocate, for the applicant Mrs.V.R.Bhosale, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 8th March, 2011. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the impugned judgment. 2. The Revision Application is filed against the conviction and sentence for the offence punishable under Section 325 of IPC in R.C.C.No.164 of 1995 by the learned J.M.F.C. Kalyan and he was sentenced to undergo R.I. for four months and to pay fine of Rs.500/- in default to suffer R.I. for one month. 3. The learned Counsel for the applicant contended that in view of lapse of 15 years after the incident and the circumstances in which the offence was committed, the sentence may be reasonably reduced. It appears that on 15.11.1994 at about 10.30 p.m. when the complainant Digambar Deshpande was 2 CRA-93-11.sxw proceeding towards his house, the accused rushed towards him and took out his spectacle and twisted his left hand. Due to this, there was fracture of his left hand small finger. Therefore, offence under Section 325 was registered. After investigation, the accused was tried for the said offence and was convicted and sentenced. The incident occurred about 16 years before. That time the applicant was 35 years old and now he is aged 50 years plus. Taking into consideration the incident, in my opinion, now no purpose will be served by requiring the accused/applicant to go to jail. In my opinion, the purpose will be served if the fine amount is enhanced substantially. 4. The Revision Application is allowed to the extent of sentence only, while the conviction and sentence under Section 325 of IPC is maintained. The sentence awarded by the Courts below is hereby modified and the accused is sentenced to undergo imprisonment till the rising of th Court and to pay fine of Rs. 20,000/-. In default to pay fine, he shall undergo R.I. for four months. Fine amount be despited before the trial Court within two weeks. If the fine amount is deposited, an amount of Rs.15,000/- shall be paid as compensation to the complainant - Digambar Deshpande. (J.H.BHATIA,J.)