[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.377 OF 2008 Ramchandra Pandurang Borse and Anr. ..Applicants Vs. State of Maharashtra ..Respondents ... Mr.Tushar Sonawane advocate for Applicants Mr.Rajesh More A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 P.C. P.C. P.C. 1. Heard both sides. 2. By judgment and order dated 6.1.2000 passed in S.C.No. 342 of 1998, the learned Judicial Magistrate F.C. Nandgaon, convicted the applicants for the offences under Section 427 and 441 r.w. 34 of IPC. In the appeal preferred by the applicants, the conviction and sentence under Section 427 of IPC came to be confirmed, however, the conviction and sentence under Section 441 of IPC came to be set aside. Being aggrieved by the conviction under Section 427 of IPC and sentence thereunder, the [-2-] applicants preferred the present revision application. 3. The prosecution case is that the applicants removed the crops of cotton from the land of the complainant, hence, complaint came to be filed. The case of the prosecution is that by removing the said crops, loss or damage to the tune of Rs.20,000/- was caused to the complainant. 4. The learned advocate for the applicants states that he is not challenging the conviction under Section 427 of IPC but he has prayed that sentence of imprisonment, may be reduced. The learned APP has no objection to the sentence being reduced, however, he stated that fine amount may be substantially increased. It is seen that incident had taken place on 21.8.1998. The value of the crops in question was Rs.20,000/-. The incident had taken place more than 10 years ago. Both the applicants have been in custody for about one and half month. Looking to all the above facts, I am inclined to reduce the sentence of imprisonment. 5. The conviction of the applicants under Section [-3-] 427 r.w.34 of IPC is confirmed. The sentence of imprisonment is reduced to the period undergone, however the fine amount is increased from Rs.1,000/- each to Rs.10,000/- each in default R.I. for two months each. On the applicants depositing the aforesaid fine amount, they shall be released forthwith if not required in any other case. 6. Revision is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]