SURAPSING JEHARIYA VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appeal admitted. In the facts and circumstances of the case, the matter is taken up for final hearing. The Record and Proceedings was called for from the Trial Court by order dated 16.6.99. The R&P is before this Court.

(2.) The appellant challenges the judgement and order rendered by the Additional Sessions Judge, Bharuch camping at Rajpipla, in Sessions Case No. 77/93 recording conviction of the appellant under Section 436 of the IPC and sentencing rigorous imprisonment for four years with fine of Rs.250.00 and to undergo further imprisonment in default of payment of fine.

(3.) The prosecution story in short is that one Lilaben Vishnubhai lodged a complaint on 9.3.93 against the present appellant stating that the accused appellant went to her place and demanded liquor and as she refused to give, he threatened to take away her daughter Babita and when the complainant asked him not to say so he got annoyed and set to fire the hut used by the complainant as her dwelling house. She therefore went to Sagbara Police Station and lodged the FIR. Offence was registered by the Sagbara Police Station being CR No. I 13/93, the case was investigated and the chargesheet was filed. The prosecution has examined 2 witnesses, the complainant herself i.e. Lilaben at Exh.7 and the complainant's daughter Babita at Exh.9. No other witness is examined.