Z.K.SAIYED, J.R.VORA
HASMUKHBHAI GOKALDAS SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent
1. Instant Appeal is preferred by the appellant under Section 374 of the Code of Criminal Procedure, against the judgment and order, delivered by Special Judge, Ahmedabad (Rural), Mirzapur, on 23rd of September, 1996, in Special Criminal Case No. 12 of 1993. Present appellant, being accused of the said Special Criminal Case No. 12 of 1993, was charged with the offences punishable under Sections 306, 323 of the Indian Penal Code as well as under Section 3(1)(x) as well as under Section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Vide judgment impugned in this Appeal, the appellant was convicted by the Trial Court for the offences punishable under Sections 323 and 306 of the Indian Penal Code and for the offences punishable under Section 3(1)(x) and under Section 3(2)(v) of the Prevention of Atrocities Act. Accused was sentenced to undergo rigorous imprisonment of one year and to pay fine of Rs. 1, 000/-, in default, to undergo imprisonment of three months for the offence proved under Section 323 of the Indian Penal Code. The appellant was also sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 10,000/
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