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2020 Supreme(Guj) 980

V.P.PATEL
Prakashbhai Sevakram Sindhi – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shakeel A. Qureshi
For the Respondents: Jirga Jhaveri, APP

JUDGMENT

V.P. Patel, J.

1. The Appellant Accused has filed this Appeal under Section 374 of the Code of Criminal Procedure ("the Code" for short) being aggrieved and dissatisfied with the conviction order dated 17.2.2004 passed by the learned Additional Sessions Judge, Banaskantha at Deesa in Sessions Case No. 9 of 1999. The learned Sessions Judge convicted the Appellant Accused under Sections 307 and 504 of the Indian Penal Code and 135 of the B.P. Act and imposed the sentence as under:

Sr.

Offence

Sentence and Fine

Sentence in default

1

307, IPC

R.I. For 4 Years and fine of Rs. 1,500

R.I. for 9 Months

2

504, IPC

R.I. For 3 Months and fine of Rs. 200

R.I. For 15 days

3

135 B.P. Act

R.I. For 4 Months and fine of Rs. 200

R.I. For 1 Month

(1)Accused shall undergo all punishment concurrently

2. Heard learned Advocate Mr. Shakeel A. Qureshi for the Appellant and learned APP Ms. Jirga Jhaveri for the Respondent-State of Gujarat.

3. Facts of the Case:

    3.1 The Original Complainant Rameshbhai Bhagwanbhai Mali has filed a complaint on

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