GANPATBHAI MANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant in Criminal Appeal No.1638 of 2004, as accused No.1 was convicted by an order dtd. 13/8/2004 by learned Sessions Judge 4th Fast Track Court, Morbi in Sessions Case No.9 of 1999. The appellant came to be convicted under Sec. 323 of the Indian Penal Code (for short "IPC") for six months rigorous imprisonment and fine of Rs.500.00 with default stipulation of fifteen days rigorous imprisonment and one month rigorous imprisonment for the offence under Sec. 135 of the Bombay Police Act (for short "B.P. Act") with fine of Rs.100.00 and in default of payment of fine further ten days rigorous imprisonment. Aggrieved by the order of conviction and sentence, the present appeal has been filed.

(2.) The trial was against the present appellant and his wife under Ss. 307, 323, 324 and 114 of IPC and Sec. 135 of the B.P. Act. The Sessions Judge acquitted accused No.2 from all the charges.

(3.) The facts of the case, which led to filing of the charge-sheet against the accused can be briefly stated as under: