MOTIBHAI SHAMBHUBHAI PAGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant- original accused no. 1 has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 29.9.1998 passed by the learned Addl. Sessions Judge, Panchmahals, at Godhra in Sessions Case No. 62/1995 whereby, the learned Judge has convicted the present appellant original accused no. 1 under sec. 323 of IPC and sentenced to undergo R/I for six months and to pay a fine of Rs. 100/-, in default, to undergo further S/I for one month. THE present appellant- original accused no. 1 is also convicted and under sec. 3(1)(10) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocity) Act 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 one month, which is impugned in this appeal.

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

(3.) THEREAFTER, the charge was framed at Ex. 3 against the accused persons. The accused have pleaded not guilty and claimed to be tried.