BALVANTBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under Sec. 397 read with Sec. 401 of the code of Criminal Procedure, 1973 the applicant has challenged the order dtd. 30/6/2010 passed by the Sessions Judge, Gandhinagar in Criminal Appeal No.43 of 2009 confirming the judgment and order dtd. 5/9/2009 passed by the JMFC, Gandhinagar in Criminal Case No.16117 of 2007.

(2.) Heard learned advocates for the respective parties.

(3.) It is the case of the complainant that a complaint was filed being I-CR No.240 of 2007 registered before the Dabhoda Police Station for the Offence Punishable under Sec. 323, 324, 504, 427 and 114 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act at the instance of one Jitendrakumar Hiralal Pandya PW-11 wherein it is alleged that on 8/11/2017 at about 11:00 a.m., accused No. 1 has demanded cigarette from the complainant and as the complainant refused, accused No. 1 got agitated and started abusing him and called other co- accused and attacked the complainant on the left leg with a spade and other co-accused have also assaulted the complainant with kicks and fist blows and as a result, the complainant has suffered fracture injury and therefore, the complainant has filed the complaint.