ISMAIL IBRAHIM GOR SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 1.5.2000 passed by the learned Sessions Judge, Bharuch in Sessions Case No.43 of 1992, whereby the learned Sessions Judge has convicted the appellant for the offences punishable under Section 143 of the Indian Penal Code and the learned trial Judge was pleased to sentence the appellant to undergo R.I. for two and half month and to pay a fine of Rs.100/- each, in default, to undergo further R.I. for four months. THE brief facts of the prosecution case is as under:

(2.) THE allegations levelled against the accused are that on 24.11.1989, the present appellant along with other accused tried to cause disturbance in election of Lok Sabha Seat at village Kavi with a view to see that the election did not go peacefully and committed public tranquility and in the said incident, two persons namely Amarsing Bhupatbhai and Vinodchandra were injured in an attack by the mob and one Isha Hasan Ghenghen was killed due to firing by the complainant for which other complaint was lodged making the present complainant accused in the said cross complaint. THErefore, the complaint was registered against the appellant along with other accused persons for the offence punishable under Sections 307, 171-F, 427, 436, 353, 355 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined in all 33 witnesses before the trial Court.