RAMESHBHAI KALABHAI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant (orig. accused No.1) has filed this revision application challenging the judgment and order dated 5.11.2008 rendered by the learned Additional Sessions Judge & Presiding Officer, FTC2, Nadiad, in Criminal Appeal No.47/2007, whereby the learned Judge was pleased to convict the present applicant for the offence under section 323 r.w. section 114 of the Indian Penal Code ["IPC" for short] and sentenced him to undergo S.I for six months and to pay fine of Rs. 500/, in default, S.I for 10 days; whereas acquitted rest of the three accused of the offences with which they were charged. Criminal Appeal No. 47/2007 was preferred challenging the judgment and order of conviction and sentence dated 30.7.2007 passed by the learned Judicial Magistrate, First Class, Mahemdabad, in Criminal Case No. 904/2004, whereby the learned Magistrate was pleased to convict the present applicant (orig. accused No.1) for the offence under Section 325 IPC and sentenced him to undergo S.I for one year and to pay a fine of Rs. 1500/, in default S.I for 15 days; accused No.2 was convicted for the offence under section 504 IPC and was ordered to pay fine of Rs. 700/, in default S.I for 5 days; whereas accused Nos.3 & 4 were convicted for the offence under section 323 r.w.section 114 IPC and they were sentenced to undergo S.I for six months and to pay a fine of Rs. 500/ each, in default S.I for 10 days.

(2.) THE incident has said to have occurred on 7.7.2004 at 21.30 hours, when the complainant along with his friend was said to be in his Falia. At that time, the present applicant came there and asked the complainant why they were sitting there. On giving reply by the complainant, the applicant said to have unnecessarily excited and started giving stick blows to the complainant. It is the say of the prosecution that on hearing the commotion, the mother of the complainant and other accused came there. The complainant, therefore, lodged FIR.

(3.) DURING the trial, prosecution examined 7 witnesses and at the conclusion of the trial, the trial Court was pleased to pass the above referred order. Being aggrieved by the said order of conviction and sentence, the accused preferred abovementioned criminal appeal and the appellate Judge was pleased to render the abovereferred order.