: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1342 OF 2005 CRIMINAL APPLICATION NO.1342 OF 2005 CRIMINAL APPLICATION NO.1342 OF 2005 ALONG WITH ALONG WITH ALONG WITH CRIMINAL APPEAL NO.233 OF 2004 CRIMINAL APPEAL NO.233 OF 2004 CRIMINAL APPEAL NO.233 OF 2004 The State of Maharashtra ).. Appellant Versus Jyoti Hareshwar @ Haresh Patil & ors. ).. Respondents Mrs.P.H.Kantharia, A.P.P., for the Appellant. Mr.Kiran J.Kandoile for the Respondents. CORAM: V.G. PALSHIKAR AND CORAM: V.G. PALSHIKAR AND CORAM: V.G. PALSHIKAR AND SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED: 28TH APRIL 2005 DATED: 28TH APRIL 2005 DATED: 28TH APRIL 2005 P.C.: P.C.: P.C.: . Criminal Application No.1342 of 2005 is directed against the judgment and order of acquittal under Section 307, whereas Criminal Appeal No.233 of 2004 is directed for enhancement of sentence recorded under Sections 326 and 324 of the Indian Penal Code giving the accused benefit of Probation of Offenders’ Act. The learned trial Judge in paragraph 16 of his order has given cogent reasons why conviction under Section 307 of the Indian Penal Code for attempt to commit murder is not possible. The learned Judge then proceeds to observe that the accused is guilty under Sections 326 and 324 of the Indian Penal Code and has accordingly punished them but found that imprisonment may not be the only and proper : 2 : way to penalise the accused. He has, therefore, invoked the provisions of the Probation of Offenders’ Act. There is no record of any previous conviction or for that matter any previous misconduct by the accused. In such circumstances, taking recourse to the provisions of the Probation of Offenders’ Act cannot be seen an error of law resulting in miscarriage of justice. We, therefore, see no reason to interfere either in the acquittal under Section 307 of the Indian Penal Code or the sentence imposed. Both the Criminal Application and Criminal Appeal are, therefore, rejected.