( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2864 OF 2009 The State of Maharashtra APPLICANT VERSUS Isulal s/o Vajir Shaikh and another. RESPONDENTS ..... Mrs. Y.M. Kshirsagar, APP for the applicant/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 9th September, 2009] PER COURT : 1. Heard. 2. There are two conflicting judgements of the trial Court and the Sessions Court. The learned Judicial Magistrate, Latur convicted original accused No. 1 and 2 for offence punishable under section 325, 324, 323 read with section 34 of the I.P. C. and sentenced them for term of three (3) years’ rigorous imprisonment and fine of Rs. 1500/-, each. It appears from the judgement rendered by the learned Sessions ( 2 ) Judge that though he accepted the fact that the incident is proved, yet, instead of section 325 read with section 34 of the I.P. Code, the conviction was altered to one under sections 323 and 324 read with section 34 of the I.P.C. and the accused were sentenced to undergo “TRC”. The reasons ascribed by the learned Sessions Judge prima facie do not appear to be legal and proper. Hence, leave to appeal is granted. The application for leave to appeal is allowed. 3. Admit the appeal. 4. Call for record and proceedings. 5. Print is dispensed with. 6. No paper-book is necessary. 7. Action under section 390 of the Criminal Procedure Code. Report of compliance to be submitted within four weeks. The matter will be taken up for final hearing in the first week of December, 2009 without paper-book and that the respondents be informed accordingly. 8. Call for explanation of learned Adhoc Additional Session Judge (Shri P.B. More) through the learned District Judge as regards the ambiguous final ( 3 ) order rendered in the appeal and the expression “the appellants to undergo TRC” and as to why in default of the fine of Rs. 1000/- imposed, no sentence is ordered. The explanation of the learned Adhoc Additional Sessions Judge to be submitted within two (2) weeks. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln2864-09