ZALA KRISHNA VIJAYSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner who is the original accused No. 1 has assailed the legality and validity of the conviction and sentence order passed by the learned Judicial Magistrate, First Class, Dhrangadhra in Criminal Case No. 884 of 1982 which was confirmed in the Criminal Appeal No. 128 of 1983 by the learned Additional Sessions Judge, Surendranagar on 30-5-1984 by invoking the aids of the provisions of Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 ('Code' for short).

(2.) The conspectus of material facts giving birth to the present revision, may be narrated, at the outset, so as to appreciate the merits of this revision and challenge against it.

(3.) The petitioner who is the original accused No. 1 and one Nitin Shantilal Soni, original accused No. 2, were prosecuted for the offences punishable under Sees. 380, 465, 468, 471 of the Indian Penal Code ('I.P.C.' for short). In that the prosecution cases were that one Hemubha Nathuji, original complainant, who was serving as the Manager of 'Dhrangadhra Kharid Vechan Sangh ('Sangh' for short) came to know about the commission of the offences and he lodged a complaint. The Office of Sangh is situated in Dhrangadhra City.