BABUBHAI NATHIABHAI VAHONIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused has filed this Appeal, under Section 374 of Cr. P.C., against the Judgment and order of conviction and sentence dated 28.08.1997 passed by the learned Additional Sessions Judge, Panchmahals, Camp at Dahod, in Sessions Case No. 28 of 1989, whereby the learned Additional Sessions Judge has held the appellant accused guilty of the offence punishable under Section 436 of I.P. Code and awarded sentence to him to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs.2000/- i/d to further undergo RI for 3 (three) months.

(2.) THE brief facts of the case of prosecution are that on 3.3.1988 at 6.00 O'clock in the evening intentionally the accused has set fired the house of the complainant and caused damage to the tune of Rs.12,000/-. It is also alleged that accused has also beaten the brother of the complainant and caused injury to him and gave filthy abuses to him. THErefore, on 4.3.1988 the complainant has lodged complaint in Garbada Police Station against the accused for the offences under Sections 436, 323, 504 of I.P. Code and under Section 135 of the Bombay Police Act.

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