BHARATBHAI S PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Bharatbhai Shankerbhai Patel and Sankabhai Madhabhai Patel, petitioners-original accused Nos. l and 2 have filed this Criminal Revision Application under Sec. 397 read with Sec. 40l of the Code of Criminal Procedure, l973 (hereinafter referred to as 'the Code') challenging the judgment and order dated 27th September, l993, passed by the learned Sessions Judge, Mehsana in Criminal Appeal No. 34 of l993. The learned Sessions Judge by his judgment and order pleased to dismiss the appeal and confirmed the order of conviction dated 5-8-l993 passed by the learned Special Judge-cum-Assistant Sessions Judge, Mehsana, in Special (Atrocity) Case No. 35 of l993, whereby the learned Special Judge in the said case was pleased to convict the accused for six months and to pay a fine of Rs. 250.00 in default to undergo simple imprisonment for one month for the offence punishable under Sec. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, l989 (hereinafter referred to as 'the Act') and also convicted the accused to undergo a sentence of payment of fine of Rs. 500.00 each for the offences punishable under Sec. 323 and Sec. 426 of the Indian Penal Code and in default to undergo simple imprisonment for two months. The learned Special Judge has acquitted the accused on the charge under Secs. 504 and 506(2) of the Indian Penal Code.

(2.) The prosecution case which has been unfolded in this case are as under :

(3.) The appellants-original accused were the guarantors of the complainant- Prahladbhai Maganbhai of langhnaj. He has purchased one Truck bearing No. GJ-2-T-6322 for Rs. 4,20,000.00 from Atmarambhai Bababhai and for that purpose he had obtained loan from the Gujarat State Financial Corporation. The owner Atmarambhai Bababhai had not paid the instalments and so he had sold away the truck to the complainant. The Gujarat State Financial Corporation sold away the said truck in public auction as the complainant had defaulted for making the payment of instalments.