STATE OF GUJARAT Vs. MOHANBHAI KALIDAS ROHIT

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 4.10.2004 passed by learned Joint District Judge and Additional Sessions Judge, Fast Track Court No. 6, Nadiad in Criminal Revision Application No. 52 of 2002 whereby the learned Sessions Judge has modified the order dated 18.9.2002 passed by the learned Judicial Magistrate, First Class, Khambhat passed in Criminal Case No. 2216 of 1996 and cancelled the order of conviction against the accused for the offence under Section 452 of the IPC, and convicted the accused No. 1 under Section 324 of the IPC . The learned Judge also confirmed the order of conviction in respect of the accused No. 1 to 4 for the offences under Section 114 and 323 of the IPC and awarded compensation to the complainant.

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

(3.) TO prove the case against the accused, the prosecution has examined the witnesses as well as also produced the documentary evidence. The prosecution has also produced the medical evidence in support of the injury caused to the complainant. At the end of trial and after hearing arguments on behalf of prosecution and the defence, the learned Magistrate by judgment and order dated 18.9.2002 convicted the accused under Section 452 of the IPC and awarded sentence to suffer three years simple imprisonment with fine of Rs. 5000/ -. The learned Magistrate also convicted the accused for the offence under Section 323 of the IPC and awarded sentence of six months simple imprisonment with a fine of Rs. 500/ -. The learned Magistrate also convicted them for the offence under Section 324 of the IPC and awarded sentence of three years simple imprisonment with a fine of Rs. 3,000/ -.