VALLABHBHAI POPATBHAI THUMMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.798 of 2004 is preferred by Vallabhbhai Popatbhai Thumar - original accused against the judgment and order dated 7.5.2004 passed by learned 2nd Joint District Judge, 2nd Fast Track Court, Amreli in Special Case No.40 of 1992 whereby the appellant accused has been convicted for the offence under section 330 of IPC and was ordered to pay fine of Rs.3000/-, in default, to undergo rigorous imprisonment for 15 days, whereas Criminal Appeal No.1785 of 2004 has been preferred by the State for enhancement of sentence against original accused No.1 and whereas Criminal Appeal No.1786 of 2004 has been preferred by the State against the acquittal of the accused vide the aforesaid impugned judgment and order.

(2.) As all the aforesaid three appeals are arising out of the impugned judgment and order passed by learned trial Court and with the consent of learned advocates for the parties, all the aforesaid three appeals are being disposed of by this common judgment and order.

(3.) The complaint came to be lodged against the accused for the offences under sections 504, 506(2), 330, 201 and 114 of Indian Penal Code and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 ("the Act" for short).