FRUKSHAH LATIFSHAH DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal, under Section 374(II) of the Code of Criminal Procedure, is filed by the appellant (original accused No.2) against the Judgment and order dated 31.07.1998 passed by learned Additional Sessions Judge & Special Judge, Nadiad, whereby learned Judge has held the appellant (original accused No.2) guilty (i) for the offence punishable under Section 323 of I.P. Code and sentenced him to suffer simple imprisonment for 15 days and to pay a fine of Rs.500/- i/d to further undergo SI for seven days; and (ii) for the offence punishable under Section 3(1)(10) of the Atrocity Act and sentenced him to suffer simple imprisonment for six months and to pay a fine of Rs.1000/- i/d to further undergo SI for two months. THE learned Judge has ordered that the sentences imposed upon the accused shall run concurrently.

(2.) THE brief facts of the prosecution case are that the complainant and the accused are residing in the same vicinity. It is alleged that on 12.6.1997 in the evening, at 6.30 o'clock, the accused and others were playing the cricket. At that time, the ball hits the daughter of younger brother of the complainant. THErefore, complainant and his mother scolded the accused. It is alleged that at that time accused got excited and started beating the complainant and his mother through bat and the stumps and also gave filthy abuses and used the filthy language about the caste and gave a threat to kill them . THErefore, the complainant lodged her complaint against the accused before Khambhat City Police Station. THE police registered the offence against the accused and investigated into the matter.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of conviction and sentence the appellants " accused has preferred this Appeal.