DAVE INDRAVADAN BALDEVPRASAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Revision Application is directed against the judgment and order dated 29.06.2006 of learned Additional Sessions Judge, Patan dismissing the Appeal of the applicant-accused, in turn confirming judgment and order dated 13.04.2005 passed by learned Judicial Magistrate (First Class), Siddhpur in Criminal Case No. 1022 of 1998.

(2.) Learned Judicial Magistrate convicted the applicant-accused for the offence under Section 452 of Indian Penal Code, 1860 and sentenced him to undergo simple imprisonment for three years and to pay fine of Rs.05,000/-, in default of payment of fine, to undergo further simple imprisonment for one month. Applicant came to be convicted also for the offence under Section 323, IPC, and sentenced to undergo simple imprisonment for one year and to pay fine of Rs.01,000/-, in default of payment of fine, to undergo further 15 days' simple imprisonment. Both the sentences were ordered to be run concurrently with benefit of set off for the period undergone as under trial prisoner. The applicant was also tried for the offences under Section 504, 506(2), IPC, for which offences he came to be acquitted. The judgment and order of conviction and sentence came to be upheld by the appellate court below.

(3.) The prosecution case, briefly stated and as revealed from the complaint dated 14.07.1998 filed by one Indumatiben Hariprasad Shukla was inter alia that on 14.07.1998 in the hours of evening between 6 p.m. to 6.30 p.m., the applicant-accused trespassed the house of the complainant situated in the Parekh's Madh, Brahm Street, Siddhpur, that the accused carried pipe with him and used abusive language. When the complainant told that he should not speak filthy as there was a lady member in the house, the accused got enraged and gave blows on the thigh part of the left leg of the complainant and injured her. The accused threatened to kill and went away. A complaint was registered as Crime Register No.137 of 1998, with the Siddhpur Police Station for the offences under Section 452, 323, 504, 506(2), IPC. The chargesheet was submitted by the police and Criminal Case was registered. The applicant-accused did not admit the guilt and subjected to trial. The aforesaid Criminal Case No.1022 of 1998 culminated into the order of conviction and sentence as above.