GHANSHAYMBHAI BHIKHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the impugned judgment and order rendered in Sessions Case No. 26 of 2005 by the learned Additional Sessions Judge and Fast Track Court, Vadodara dated 14.2.2007 recording conviction of the Appellant / Original Accused No.1 Ghanshyambhai Bhikhabhai Patel for the offence under Section 323 of the Indian Penal Code and sentencing him RI for 6 months and fine of Rs.1000/- and i.d. RI for one month for the offence under Section 323 IPC as well as the Atrocity Act. The facts of the case briefly summarized are as follows.

(2.) As it transpires from the record, on 27.2.2005 when the complainant was working in the field, there was some talk about subsidy for agriculture and in the scuffle the Appellant / Original Accused is said to have assaulted the complainant leading to the complaint being FIR No. II-11/2005 registered with Sankheda Police Station for the offence under IPC as well as under the Atrocity Act as stated in detail in the judgment.

(3.) After the investigation was made, the case was committed to the court of Sessions as the charges were for the offence under the Atrocity Act and the learned Additional Sessions Judge proceeded with the trial and ultimately recorded the conviction of the Appellant / Original Accused on appreciation of material and evidence.