MAHEMUDMIYA LATIFMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, herein, have challenged the judgment and order dated 19th October, 1996 rendered by the learned Additional Session Judge, Surat in Criminal Case No.129 of 1993.

(2.) As per the prosecution case, the appellants-original accused on 15.08.1993 at about 4:30 in the evening asked one Jitendra Surjibhai Gamit to get liquor for them. When he refused, the accused gave fist blows and accused No.2 lifted him off the ground and threw him down, thereby causing fracture on his right hand. The accused were charged with offence punishable under Section 325 read with Section 114 of the Indian Penal Code as well as Section 3(1)(5) and 3(1)(10) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act(hereinafter referred to as the 'Atrocities Act').

(3.) The learned Additional Session Judge acquitted accused of the offences punishable under Section 3(1)(5) and 3(1)(10) of the Atrocities Act. However, the appellants-accused were convicted under Section 325 of the Indian Penal Code and were sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.1,000/-.