HANIFSHA ABDULSHA DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants ? original accused have filed this Appeal under Section 374 of Cr. P.C., challenging the Judgment and order dated 18th August, 2001, passed by the learned Additional Sessions Judge, Vadodara, in Sessions Case No. 06 of 1999, whereby the learned Additional Sessions Judge (i) has held the appellant No.1 ? original accused No.1 guilty of the offence under Sections 323 of I.P. Code and awarded sentence to suffer rigorous imprisonment for 3 (three) months and to pay a fine of Rs. 500/-, and in default of payment of fine the appellant ? accused was directed to undergo S.I. for further 7 (seven) days; and (ii) has held the appellant No.2 ? original accused No.2 guilty of the offence under Sections 323 of I.P. Code and awarded sentence to suffer simple imprisonment for 3 (three) months and to pay a fine of Rs. 500/-, and in default of payment of fine the appellant ? accused was directed to undergo S.I. for further 7 (seven) days.

(2.) THE facts of the prosecution case are that on 29.6.1998 at 9.00 hours in the morning the complainant along with his wife was present in his house, at that time Hanifsha Abdulsha Divan and his wife Jubedaben Divan (appellants ? accused herein) were giving filthy abuses to the complainant and his wife. It is alleged that the complainant and his wife have asked them not to give abuses and thereupon appellant ? accused No.1 assaulted on the complainant and his wife with stick and caused injury to his wife. THE complainant, therefore, raised shouts and on hearing the shouts, the people from nearby came and have intervened and scolded them. THEreafter, the complainant lodged his complaint before the Police station. THE investigation was carried out by the P.S.I., Tilakvada. THE offences under Sections 316, 504, 323, 506(2) of I.P. Code and under Section 135 of the Bombay Police Act have been registered against the appellants ? accused. THEreafter, after necessary investigation, the charge-sheet was submitted in the Court of learned JMFC, Dabhoi. As the offence was exclusively triable by a Court of Sessions, the learned Magistrate committed the said case to the Court of Sessions.

(3.) BEING aggrieved by the aforesaid Judgment and order of conviction rendered by the learned Additional Sessions Judge, Vadodara, the original accused has preferred the present appeal.