STATE OF GUJARAT Vs. JILUJI MAGANJI THAKOR

JUDGEMENT

(1.) This is an appeal filed by the appellant - State under Sec. -11 of the Probation of Offenders Act, 1958 challenging the judgment and order dtd. 31/1/2006 passed by the learned Additional Sessions Judge, Viramgam in Criminal Appeal No.3 of 2005 interalia granting benefit of Probation of Offenders Act and suspending the order of sentence dtd. 29/9/2005 passed by the learned Judicial Magistrate First Class, Viramgam in Criminal Case No.744 of 1995 for the offence punishable under Sec. s-325 and 114 of I.P.C. by granting benefit under Probation of Offenders Act.

(2.) The fact of the case is that the FIR came to be registered by the complainant viz.Tejaji Gandaji Thakore against the three accused persons alleging the offence punishable under Sec. s-326, 323, 504, 324 and 114 of IPC alleging that on 15/4/1995 at 23:00 hours, an altercation was taken place between the complainant and accused persons regarding not playing the Dhol in the Garba. The accused no.3 had assaulted to the wife of the complainant viz. Madhuben by dharia blow on the head and on the toe of left leg and assaulted complainant with dhariya on his left hand. The accused no.2 had given stick blow on the forehead of the complainant and the accused no.1 had given kick-fist blow to the wife of the complainant viz. Madhuben. With the aforesaid allegation, an FIR came to be registered before the Mandal Police Station being I-C.R. No.14 of 1995.

(3.) Heard Ms. Monali H. Bhatt, the learned APP appearing for the appellant - State and Mr. V.K. Joshi, learned advocate for the opponent nos.1, 2 and 3.