STATE OF GUJARAT Vs. JAYENDRASINH LAKHUBHAI SOSODIYA

JUDGEMENT

(1.) THE present Criminal appeal no. 715 of 2009, under section 374 of the Code of the Criminal Procedure, 1973 is at the instance of State directed against the judgment and order of conviction dated 21. 2. 2009 passed by the learned Principal Sessions Judge,ahmedabad Rural, Ahmedabad in Special Atrocity Case No. 39 of 2006 whereby the accused no. 1 has been convicted for offence under Section 323 of IPC and fine of Rs. 1000/-, in default, to undergo S. I. for a period of three months and under Section 427 of I. P. C. and fine of Rs. 1000/-, in default, S. I. for three months. Accused no. 2 has been convicted for the offence under Section 323 and 114 of I. P. C. and fine of Rs. 1000/-, in default, S. I. for three months. All the sentences were ordered to run concurrently. This appeal is for enhancement of sentence awarded by the Sessions Court.

(2.) THE brief facts of the prosecution case are as under:

(3.) THEREAFTER, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Special Atrocity Case No. 39 of 2006. The trial was initiated against the respondents.