AYUBKHAN MOMINKHAN PTHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT was original accused No. 1. By impugned judgment and order dated 31st January, 1994 passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 319 of 1989, he was convicted for offence punishable under Section 323 of IPC and sentenced to R. I. for 3 months. He was also directed to pay fine of Rs. 500/ -. In default, he was to undergo R. I. for 15 days.

(2.) AS per charge Exh. 2, it was alleged inter-alia that appellant along with other accused had formed unlawful assembly. Appellant had given a pipe blow to Mohmmad Yusuf and caused simple injuries. The other accused was acquitted. Appellant No. 1 was however, convicted and sentenced as noted above.

(3.) SINCE learned advocate Shri B. N. Keshwani earlier appearing for the appellant had expired, notice was issued to the appellant to engage another advocate, if he so desires. Though, such notice has been duly served, nobody has appeared for the appellant.