HARESHKUMAR PARMABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Buch, learned advocate for the appellant, and Mr. Dabhi, learned APP for the respondent - State.

(2.) THIS appeal is directed against the judgment and order dated 28.1.2010 passed by the learned Sessions Judge, Mehsana in Sessions Case No. 125 of 2009. By the impugned judgment and order, the learned trial Court has convicted present appellant for commission of offence punishable under section 323 of Indian Penal Code and he is sentenced to undergo SI for 6 months and to pay fine of Rs. 500/ -.

(3.) LEARNED counsel for the appellant assailed the impugned judgment claiming that there is no evidence by any independent witness. He also claimed that the panch witnesses are turned hostile. He also submitted that the learned trial Court has relied on the deposition/evidence by the relative/wife of the complainant and that therefore, the conviction based on such evidence would be set aside.