LOMA VASUR AAHIR Vs. STATEE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have preferred the present application against the judgement and order dated 30th September 2000 passed by learned Additional Sessions Judge, Bhavnagar in Criminal Appeal No. 22 of 1995 whereby the appellate court has confirmed the judgement and order of conviction and sentence dated 23rd March 1995 passed by learned Judicial Magistrate, First Class, Talaja in Criminal Case No. 614 of 1985.

(2.) THE applicants came to be tried along with one another accused Samat Khota Aahir for offences punishable under sections 325, 324, 504 read with section 34 of Indian Penal Code in Criminal Case No. 614 of 1985 before the Court of learned Judicial Magistrate, First Class, Talaja. The learned Magistrate, after recording evidence came to the conclusion that prosecution could establish the charge for the offence punishable under section 324 read with section 34 against all the accused. The learned Magistrate also came to the conclusion that the prosecution failed to establish charge under section 325 and 504 of Indian Penal Code and acquitted all the accused for the offences. However, the learned Magistrate by order dated 23rd March 1995, sentenced all the accused to suffer rigorous imprisonment for three months and to pay a fine of Rs. 500/- in default to suffer simple imprisonment for one month.

(3.) THE petitioner preferred Criminal Appeal No. 22 of 1995 before the Court of Additional Sessions Judge, Bhavnagar, camping at Mahuva. The learned Additional Sessions Judge, Bhavnagar, vide order dated 30th September 2000 dismissed the said appeal against which the present revision application has been filed.