- (1.) This is a revision application which was admitted by me only on the question of sentence. The few facts leading to the present revision application are as follows :
(2.) The three accused are alleged to have assaulted the driver of a bus belonging to the State Transport Corporation on August 20, 1975.The complainant driver had left Sangli for villagstDigrai at about 10 a.m. with passengers in it. The bus reached Kasbe Digraj at bout 10:20 a. m. & it was to return to Sangli immediately When the driver stopped the bus at the bus stop at Kasbe Digraj all the three accused came to the bus and dragged the driver outside questioning him as to why he had blocked the road. After they dragged him out, the accused assaulted him with chhappals. Ultimately, the complainant was released because of'the intervention of some other persons. The driver immediately went to the police out-post at the said village; but there was nobody. He therefore, brought the bus back to Sangli and contacted the police station there, He orally told the incident to the police officer and since he never knew the names of the three accused, he volunteered to point out them in as much he had seen all the accused coming on bicycle to Sangii. He came in the same bus with the police and the three accused were found coming to Sangli on their way. They were pointed out and, and accordingly they were taken to the police station. The. complain ant driver was sent for medical treatment and the certificate of the injuries on the complainant was obtained. After investigation, the accused were charge sheeted for for the offence punishable under section 353 r. w.s. 34 of the Indian Penal Code. On the evidence led the learned Chief Judicial Magistrate, Sangli, found all the accused guilty and sentenced each of them to suffer R I. for three months and a fine of Rs. 200 or in default to suffer further R. I. for one month. The appeal filed by the accused against their conviction and sentence was dismissed by the learned District Judge, Sangli by his order dated October 11, 1976, which confirmed both the conviction as well as sentence imposed by the lower Court. It is against the said order of the Appellate Court that the present revision application has been filed:
(3.) As stated earlier, I had admitted this application only with regard to the sentence imposed by the lower court.;