STATE OF GUJARAT Vs. NATUBHAI DHANJIBHAI KOLI

JUDGEMENT

(1.) BOTH the above appeals arise out from the common Judgment and, therefore, they are heard together and disposed of by this common Judgment.

(2.) THE above Appeals are filed by the appellant State of Gujarat, under Section 377 Cr. P.C., against the Judgment and order dated 12.05.1998 passed by the learned Chief Judicial Magistrate, Bhavnagar, in Criminal Case No. 4867 of 1994. Criminal Appeal No.567 of 1998 is filed by the State, whereby the learned Magistrate has given benefit of probation under the provisions of the Probation of Offenders Act, to the respondents original accused Nos.3 & 4. Criminal Appeal No. 569 of 1998 is filed by the appellant State for enhancement of sentence awarded by the learned Magistrate to the respondents original accused Nos.1 & 2.

(3.) AT the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Magistrate vide impugned Judgment and order dated 12.05.1998 in Criminal Case No.4867 of 1994 held (i) the respondent original accused No.1 guilty of the offence under Section 324 of I.P. Code and sentenced him to undergo SI for 7 days and to pay fine of Rs.250/- i/d to undergo SI for 5 days and also of the offence under Section 135 of the B.P. Act and to pay a fine of Rs.50/- i/d SI till rising of the Court; (ii) the respondent original accused No.2 guilty of the offence under Section 323 of I.P. Code and awarded sentence to suffer imprisonment till rising of the Court and to pay a fine of Rs.100/- and of the offence under Section 135 of the B.P. Act and awarded sentence to suffer imprisonment till rising of the Court and to pay a fine of Rs.50/- i/d to further undergo SI for one day; (the respondents original accused No.3 & 4 guilty of the offence under Section 504 and 114 of I.P. Code, however, the trial Court has given benefit of probation as per the provision of the Probation of Offenders Act on they executing personal bond of Rs.500/- for six months.