LALJIBHAI DHULAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 14.6.1996 passed by the learned Special Judge (Atrocity) in Special Case No. 25/1992, whereby, the learned Special Judge has convicted the appellant under Section 338 of IPC and sentenced and sentenced to undergo R/I for one year and to pay a fine of Rs. 1000/- in default, to undergo further R/I for 4 months. The appellant is also convicted under Section 506(2) of IPC and sentenced to undergo R/I for a period of one year and to pay a fine of Rs. 500/ - in default, to undergo further R/I for 4 months. The appellant is also convicted under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo R/I for a period of six months and to pay a fine of Rs. 250/ -, in default, to undergo further R/I for a period of two months, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) It is the case of the prosecution that on 30.9.1991, at about 17.30 hours or during that period at village Manka, near the well of Sukhdan Halaji Gadhavi, the appellant had caused injury by Air-gun to the witness Harijan Somabhai Ramabhai. It is further the case of the prosecution that on 11.10.1991, at about 10.00 hours, appellant had also abused the complainant and witness Harijan Somabhai Ramabhai about their caste and also threatened them.