EMPEROR Vs. MADHAV RAGHVENDEA KULKARNI

JUDGEMENT

(1.) The three accused were convicted by the First Class Magistrate of Bagevadi of an offence under Section 352, Indian Penal Code. Accused No. 1 was sentenced to pay a fine of Rs. 30. Accused Nos. 2 and 3 were ordered, under a. 562, Criminal Procedure Code, to enter into a bond of Rs. 50 each to appear and receive sentence when called upon during six months, and in the meantime to keep the peace and be of good behaviour.

(2.) All the three accused appealed to the Court of Session. As the sentence on accused No. 1 was not originally appealable, it became appealable under Section 415A, Criminal Procedure Code, if the order against accused Nos. 2 and 3 was appealable.

(3.) The Sessions Judge raised the following issue :- Does an appeal lie against the conviction under Section 332, Indian Penal Code, and the order under Section 562, Criminal Procedure Code, passed against accused Nos. 2 and 3?