RAJUBHAI I PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Joshi, learned Counsel for the appellants and Ms.Pandit, learned A.P.P., for the respondent-State.

(2.) The appellants has challenged the legality and validity of the judgment and order of conviction and sentence dated 4th June, 1993 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No.36 of 1990 whereby both the appellants have been charged for the offence punishable under Section 323 of the Indian Penal Code and has been sentenced to undergo simple imprisonment for four months and to pay a fine of Rs.500/-, each in default of making payment of fine to undergo four days imprisonment. The appellant No.2-original accused No.2 has also been convicted for the offence punishable under Section 304 (II) of the Indian Penal Code and sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.2000/-, in default of making payment of amount to undergo one month imprisonment.

(3.) Mr.Joshi, learned Counsel has made submission in detail and same has been responded to by learned A.P.P., for the State. The Court is also taken through the basic facts of the prosecution which is reflected in the charge framed.