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2020 Supreme(Guj) 280

A.P.THAKER
Thakore Ambaji alias Abusini Chenaji – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. C.B. Patel, Mrs. Ranjan B. Patel.
For the Respondent: Ms. Jirga Jhaveri.

JUDGMENT :

A.P. THAKER, J.

1. Being aggrieved and dissatisfied with the impugned judgment dated 5.3.2002 passed by the Special Judge, Mehsana in Special (Atrocity) Case No. 115 of 2000 whereby the present accused has been convicted under Section 324 of the IPC with rigorous imprisonment of 3 months and fine of Rs. 500/- in default thereof imprisonment of 15 days has been imposed, the appellant-accused has preferred this Appeal.

2. It appears from the record that while admitting the Appeal, this Court has also taken suo-motu petition as to enhancement of sentence for enhancing conviction and sentence from Section 323 to Section 324 of IPC.

3. The brief facts of the prosecution case is that the complainant has filed a complaint narrating that the present accused has inflicted knife blows on him. Therefore, this complaint came to be registered against the accused under Section 3(1)(x) of the Prevention of Atrocity Act, 1989 as well as under Section 324 of IPC.

3.1 After filing of the complaint, the concerned Police Officer has investigated the case and arrested the accused. Having foun

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