SANTUBHA BAGHUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -original accused has filed the present appeal challenging the judgment and order dated 02.05.1995 passed by the learned Additional Sessions Judge, Morbi in Sessions Case No.84/1993, whereby the learned Additional Sessions Judge, Morbi convicted and sentenced the original accused -present appellant of this criminal appeal for the offence punishable under Section 323 of the Indian Penal Code (for short "IPC") and sentenced him to simple imprisonment for 7 days with a fine of Rs.50/ -, in default, to further undergo simple imprisonment for 2 days. The learned Additional Sessions Judge, Morbi also convicted and sentenced the accused -appellant herein for the offence punishable under Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and sentenced him to simple imprisonment for 6 months with a fine of Rs.100/ -, in default, to further undergo simple imprisonment for 5 days.

(2.) THE brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under:

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Judicial Magistrate First Class. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Sessions Judge, Morbi, which was, thereafter, numbered as Sessions Case No.84 of 1993. Since the accused did not plead guilty and claimed to be tried, he was tried for the alleged offences.