(1.) The present appeal is filed under Sec. -374 of the Cr.P.C. challenging the judgment and order dtd. 28/7/2006 passed by the learned Additional Sessions Judge, Deesa at Banaskantha in Sessions Case No.54 of 2003, whereby, the appellant - original accused no.1 has been convicted for an offence under Sec. -324 of IPC and ordered to undergo sentence of rigorous imprisonment of 04 months with fine of Rs.500.00 and in default of, further period of one month of simple imprisonment was ordered.
(2.) The case of the prosecution is in nutshell as under:-
(3.) Heard Ms. Sweta Lodha for Mr. Virat Popat, learned advocate for the appellant - original accused no.1 and Ms. Monali H. Bhatt, learned APP for the respondent - State.