1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO.658 OF 2008 RAMESH PRABHAKAR SHINDE ..Applicant Vs. STATE OF MAHARASHTRA ..Respondent Mr. R.S.Kate for the Applicant Mr. H.J.Dedhia APP for Respondent CORAM: A.S.OKA, J. DATED: 8th, May, 2009 JUDGMENT: 1.Rule. Learned APP waives service. Taken up for hearing forthwith. 2. The Applicant was prosecuted for offences punishable u/s 326, 325, 504 & 506 of Indian Penal Code. The trial court convicted the Applicant for the offence punishable u/s 324 of the IPC. The Applicant was sentenced to undergo rigorous imprisonment for a period of 6 months. The order of the trial court has been confirmed in the Appeal preferred by the Applicant. 3.Perusal of the impugned judgment and order 2 shows that the courts below have considered and appreciated the evidence on record. The Courts have considered the evidence of the complainant and have accepted the same. The Courts have rejected the defence that the injury sustained by the Complainant were cause by a fall from bus. 4.In revisional jurisdiction it is not possible to interfere with the concurrent findings recorded by the Courts below. It is not permissible to re-appreciate the evidence in Revision Application. 5.In the present case, the Applicant has already undergone sentence for a period of 5 months. As stated earlier the substantive sentence is rigorous imprisonment for 6 months. Fine amount has already been paid. 6.Considering the facts and circumstances of the case, the Applicant deserves to be let off on the sentence which is already undergone for about 5 months. 7.Hence, I pass following order: 3 (i)The impugned order of conviction of the Applicant is upheld. However, the substantive sentence is reduced to the one which is already undergone. (ii)The Applicant shall be immediately set at liberty unless required in connection with any other cases. (A.S.OKA, J)