JITUDAN JABBADAN GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this Appeal under Section 374 of the Code of Criminal Procedure, 1973 ["CrPC" for brevity], the appellant has challenged the judgment and order dated 28.02.2002 passed by learned Additional Sessions Judge, Surendranagar in Special Sessions Case No. 89 of 1997, whereby, the appellant-original accused has been ordered to undergo rigorous imprisonment of three years and to pay fine of Rs. 5000/-; and in default thereof, to undergo one year simple imprisonment for an offence punishable under Section 326 of the Indian Penal Code and ordered to undergo one year rigorous imprisonment and to pay fine of Rs. 1000/-; and in default thereof, to undergo four months simple imprisonment for an offence punishable under Section 324 of the Indian Penal Code as well as ordered to undergo four months rigorous imprisonment and to pay fine of Rs. 500/- and in default thereof, to undergo two months simple imprisonment for an offence punishable under Section 135 of the Bombay Police Act. All the sentences are ordered to run concurrently.

(2.) The facts, as emerging from the record, are stated thus:

(3.) In the trial held, 13 witnesses were examined by the prosecution, enlisted hereunder: