CHANDUBHAI DEVCHAND GARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred under the provisions of Section 374 of the Code of Criminal Procedure challenging the legality and validity of the order of conviction and sentence passed by the learned Additional Sessions Judge, Godhra, in Sessions Case No.76 of 1992 on 28th January, 1994. The appellant has challenged the said judgment and order of conviction and sentence by raising various grounds as mentioned in paragraph 4 of the memo of appeal. Mr.Dave, learned Counsel for the appellant has taken this Court through the various grounds of challenge so also the evidence led during the course of trial.

(2.) The accused was initially charged for the offence punishable under Section 302 of the Indian Penal Code. However, at the conclusion of the trial, the learned trial Judge decided to acquit the accused from that grave charge of offence punishable under Section 302 of the Indian Penal Code and convicted the appellant-accused for the offence punishable under Section 323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year. No sentence of fine was imposed by the trial Court.

(3.) Mr.Bhate, learned A.P.P., has submitted that there is no element of either error or perversity in the finding recorded by the learned trial Court. The decision is based on sound reasons and the learned trial Judge has discussed the fact in detailed and has also assigned the reasons that why the accused deserves to be convicted for the minor offence punishable under Section 323 of the Indian Penal Code and therefore the appeal deserves to be dismissed.