JUDGMENT - Dr. PRATIBHA UPASANI, J.:---This criminal appeal for enhancement of sentence is filed by the State of Maharashtra, being aggrieved by the judgment and order dated 2-9-1985, passed by the Assistant Sessions Judge, Thane, in Sessions Case No. 270 of 1984. By the impugned judgment and order, the Assistant Sessions Judge had found the respondent/accused (hereinafter referred to as the respondent) guilty for the offence punishable under section 307 r/w section 34 of the Indian Penal Code. However, instead of sentencing the respondent at once to any punishment, the respondent was directed to be released, on his entering into a bond of Rs. 1,000/- with surety in the like amount for a period of one year. The respondent was also ordered, during this period to maintain peace and be of a good behaviour. The State has felt aggrieved as far as the sentence part of the order is concerned and hence this appeal.

2. The prosecution story can be briefly narrated as follows :

The complainant, one Asfak Ahmed Idris, the present respondent Abdul Majid Abdul Raheman Sayyed, Mohamed Umar Momin, Tanvir and Samsu were doing business of black marketing of cinema tickets at Anand Talkies, Bhiwandi.

Click Here to Read the rest of this document