G.B SHAH, J.

As Criminal Appeal as well as Criminal Revision Application arise out of the same judgment and order, they were heard together and are being decided by this common judgment.

2. Both these Criminal Appeal and Criminal Revision Application arise out of judgment and order dated 28.4.2005 passed by the learned Additional Sessions Judge and 8th Fast Track Judge, Mehsana, in Sessions Case No. 198 of 2004 whereby original accused were convicted and sentenced to suffer RI for three years and to pay fine of Rs. 1,000/- each, in default, to suffer further SI for three months for the offence punishable under section 325 of IPC and RI for six months and to pay fine of Rs. 500/- each, in default, to suffer further SI for one month for the offence punishable under section 323 of IPC. All the sentences were ordered to run concurrently. Accused were given benefit of set off for the period undergone in jail. Criminal Appeal No. 918 of 2005 is filed by the original accused against their conviction while Criminal Revision Application No. 568 of 2005 is filed by the original complainant for enhancement of sentence imposed on original accused.

3. Short facts of the case of the prose