MAHADEV BHAGWANJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This is a Criminal Revision Application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short the "Cr.P.C.") filed by the original accused of Criminal Case No. 752 of 1988 tried and decided by the learned Judicial Magistrate, First Class, Bhachau (who will be referred to hereinafter as the learned Magistrate for the sake of convenience) by rendering his judgment Ex.29 dated 22nd February, 1991. By preferring this Criminal Revision Application, original accused of said case has challenged the correctness, legality and validity of the judgment Ex.7 dt. 30/7/1992 rendered by the learned Sessions Judge, Kachchh at Bhuj (who will be referred to hereinafter as the learned Judge) in Criminal Appeal No.5 of 1991.

(2.) . The present revision petitioner was an accused in Criminal Case No. 572 of 1988 in the trial Court and the appellant in Criminal Appeal No.5 of 1991 which he preferred to the Sessions Court, Bhuj-Kachchh. For the sake of convenience, parties will be referred to hereinafter as the prosecution, complainant and accused respectively at appropriate places.

(3.) . As per the judgment of the learned Magistrate, the facts leading to this present Criminal Revision Application, in a nutshell, are as follows :