DILIPBHAI BHIKHABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal, appellants no.1 to 3, original accused no.4 to 6 respectively, have challenged judgment and order dated 6th June 1996 rendered by learned Special Judge, Surendranagar, in Special Case No.67 of 1991.

(2.) Broadly stated the prosecution case was that on 30th April 1991, the complainant Bhagvanbhai Mangalbhai had gone to a Pan shop at about 7:30 in the evening at which time accused no.4, Dilipbhai Bhikhabhai quarreled with him, abused him and assaulted him.

(3.) Upon conclusion of the trial, learned Special Judge, Surendranagar, did not believe the first incident of 30th April 1991. She, however, convicted appellants no.2 and 3 herein, Bhikhabhai Panabhai and Faljibhai Vajabhai under Section 324 of Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of two years and also pay fine of Rs.500/-.