DINESHBHAI JOITABHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With consent of the learned advocate of both the parties, the matter is taken up for final hearing.

(2.) This revision application has been filed by the applicant under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, wherein, the applicant has challenged the judgment and order passed by the learned Judicial Magistrate, First Class, Danta in Criminal Case No. 843 of 2004 on 8/7/2014, whereby, the applicant was convicted and sentenced to simple imprisonment of six months and fine of Rs.1,000.00 and in default, simple imprisonment of 30 days for the offence punishable under Sec. 323 of the IPC and the said judgment and order was confirmed by the learned 7th Additional Sessions Judge, District Banaskantha at Palanpur in Criminal Appeal No.19 of 2014 on 17/12/2016.

(3.) The brief facts that emerge from the record of the case are as under: