[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.250 OF 2008 Rajesh @ Raju Narayan Pujari and Two ors. ..Applicants Vs. State of Maharashtra ..Respondents ... Mr.H.E.Mooman advocate for applicants Ms.A.T.Jhaveri 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 : JULY 25, 2008 DATE : JULY 25, 2008 DATE : JULY 25, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. By judgment and order dated 8.10.2007, the learned Metropolitan Magistrate 29th Court, Dadar, Mumbai, convicted the applicants under Section 379 r.w. 34 of IPC and sentenced to RI for three years each and fine of Rs.100/- i/d SI for one week. Being aggrieved thereby, the applicants preferred Appeal No.186 of 2007. By the judgment and order dated 26.3.2008, the learned Sessions Judge dismissed the appeal. Hence, this revision. 3. No witness has implicated the applicants. The vehicle in the present case came to be recovered [-2-] after ten months of the incident. The panch witness of the said seizure has turned hostile. However, the learned advocate for the applicants stated that the applicants are not challenging the conviction under Section 379 of IPC but they are only praying that the sentence of imprisonment may be reduced. The learned advocate for the applicants submitted that the maximum sentence of imprisonment under Section 379 of IPC has been awarded to the applicants and the sentence of imprisonment be reduced. Besides the present case, no other antecedents have been pointed out. Looking to the facts of this case, I am inclined to reduce the sentence of imprisonment to 20 months. 4. The conviction of the applicants by judgment and order dated 8.10.2007 passed by the learned Metropolitan Magistrate, 29th Court, Dadar, in Case No.2000075/PW/2007 under Section 379 r.w. 34 of IPC is confirmed. However, the sentence of imprisonment is reduced from three years to twenty months and sentence of fine is maintained. 5. Revision is partly allowed. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]