VELJIBHAI GAGUBHAI DHAMSANIA PATEL 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 10.11.1998 passed by the learned Special Judge, Jamnagar, in Sessions Case No. 48 of 1997, whereby the learned Additional Sessions Judge has held the appellant accused guilty (I) of the offence punishable under Sections 504, of I.P. Code and awarded sentence to him to undergo simple imprisonment for 6 (six) months and to pay a fine of Rs.100/- i/d to further undergo SI for 10 days, and (ii) of the offence under Section 506(2) of I.P. Code and awarded sentence to him to undergo simple imprisonment for 2 (two) years and to pay a fine of Rs.500/- i/d to further undergo SI for one month. However, the learned Judge has acquitted the appellant accused from the fofence under Section 3(1)(10) of Atrocity Act.

(2.) THE brief facts of the case of prosecution are that the accused appellant was a Sarpanch of village Fala, Taluka District Jamnagar. It is alleged by the complainant that the accused bore a grudge against her because the accused had refused to recommend the grant of free plot to the complainant and, therefore, he bore a gridge against the complainant. It is also alleged that accused gave abses to the complainant and also gave a threat, in presence of witness Gangaben and naynaba, that if she did not vacate the house of Lakhubhai within two days, the third day would belong to him. It is also alleged that accused has also insulted the complainant about her caste. THErefore, on 10.1.1997, at 20.30 O'clock, the complainant, along with her husband, had gone to the Panchkoshi A Division Police Station, Jamnagar and lodged complaint against the appellant accused. THE police registered the complaint vide CR No. 4 of 1997, against the accused for the offences under Sections 504, 506(2) of I.P. Code and under Section 3(1)(10) of Atrocity Act.

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