BHAVESH VASHRAMBHAI MAJETHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the appellant - original accused in Sessions Case No. 52 of 2002, whereby, he has assailed the judgment and order of the learned 4th Fast Track and Additional Session Judge, Junagarh, Dated : 15.01.2004, convicting and sentencing him as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint was given by one Mukesh Jivrajbhai before the Keshod Police Station on 11.03.2002, wherein, it was stated that the deceased Madhusudan and the appellant, herein, went to the farm of the deceased between 20:00 p.m. to 21:00 p.m., on the date of the alleged offence, with an intention to satisfy their unnatural lust, whereupon, the appellant sprinkled chilly powder in the eyes of the deceased and inflicted blows on his body indiscriminately and committed loot of gold chain, gold ring etc. of the deceased and thereby committed the breach of public notification prohibiting carrying of arms.