RABARI AMRATBHAI MALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused No. 1, namely, Rabari Amratbhai Malabhai has filed this appeal under Section 374 (2) of the Code of Criminal Procedure (for short 'Code') against the judgment and order of the conviction and sentence dated 10.06.2005 passed by the learned Principal Sessions Judge, Mehsana in Sessions Case No. 25 of 2005 whereby the appellant was convicted for an offence punishable under Section 323 of IPC and is sentenced for R.I. of one year and fine of Rs.10,000/ - and in default thereof, to undergo S.I. of two months more. The other accused Nos. 2,3 & 4 were acquitted from the charge of offence punishable under Section 324 read with Section 104 of IPC.

(2.) THE brief facts as disclosed in the complaint at Exh.12 and unfolded during the trial are as under : -

(3.) IT is also the case of the prosecution that Shri Popatbhai Shankarbhai Chaudhary had filed a complaint on 23.08.2004 against the appellant and three others with Mehsana Police Station which is registered vide C.R. No. I -304/2004.