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2023 Supreme(Guj) 895

HEMANT M. PRACHCHHAK
Senma Mangalbhai Motibhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Yogendra Thakore
For the Respondent: Mr H K Patel, Addl. Public Prosecutor

JUDGMENT :

1. The present appeal is preferred by the appellants – original accused Nos.1 and 2 under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 29.07.2019 passed by the learned Sessions Judge, Mehsana in Sessions Case No.115 of 2017, whereby, the learned Trial Judge has convicted the present appellant No.1 for the offence punishable under Section 323 of the Indian Penal Code, 1860 for a period of one year rigorous imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to undergo further simple imprisonment for one month. The learned Trial Judge has convicted the appellant No.2 for the offence punishable under Section 324 of the Indian Penal Code, 1860 for a period of two years rigorous imprisonment and a fine of Rs.2,000/- and in default of payment of fine, to undergo further simple imprisonment for two months. However, the learned Trial Judge was pleased to acquit the appellant No.1 from the offence punishable under Sections 147, 148, 149, 324, 504, 506(2) of the Indian Penal Code. The learned Trial Judge was further pleased to acquit the appellant No.2 from the offence punishable under Sections 147, 1

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