BALVANTBHAI PRABHATBHAI SONARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Revision Application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " CrPC ") has been preferred by the applicants herein - Balvantbhai Prabhatbhai Sonara (accused No.1), Rameshbhai Chhaganbhai Pansuriya (Accused No.2) and Ramjibhai Hamirbhai Miyatra (Accused No.4) to quash and set aside the impugned judgment and order dtd. 27/12/2017 passed by the learned Judicial Magistrate, First Class, Bhesan, District Junagadh (hereinafter referred to as "learned trial Court") in Criminal Case No.171/2004, whereby the present applicants - original accused have been convicted for the offences punishable under Ss. 323, 325 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") and sentenced to undergo punishment as detailed hereinbelow:

(2.) Upon issuance of Rule, learned APP Mr. L.B. Dabhi appeared for the respondent - State while learned Advocate Mr. Bhaumik Dholariya appeared for respondent No.2 - original complainant. FACTUAL MATRIX:-

(3.) The succinctly stated facts of the prosecution case are as under: