NILESHKUMAR MANILAL PATANWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Advocate for the Appellant and learned Additional Public Prosecutor Ms. Monali Bhatt for the respondent State.

(2.) BY way of this Appeal, the Appellant accused was convicted under Section 452 read with Section 324 of the Indian Penal Code and was acquitted for the offences under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was sentenced to suffer :

(3.) THE facts in brief which give rise to this Appeal and the incident which occurred on 14.12.1994 are as under : - It is the case of the prosecution that the accused came to the house of the complainant at about 9.30 PM on the said day and demanded Rs.15/= from the complainant. However, the complainant asked him to come in the morning and the quarrel took place between the complainant and the accused on the said matter. It is alleged that the accused showed the knife and in a fit of rage, he is alleged to have inflicted a knife injury on the complainant. Hearing the shouts of the complainant, the complainant's wife came to his rescue. The accused is alleged to have run away from the scene of the incident and the complaint was lodged at about 12.30 in the midnight. The whole incident is alleged to have occurred in the house of the complainant.