JUDGMENT :

1. This appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgement and order of conviction passed by the learned Additional Sessions Judge and Presiding Officer, First Fast Track Court, Valsad, (hereinafter referred to as “the learned Trial Court”) in Sessions Case No. 78 of 2006 on 14.12.2006, whereby, the learned Trial Court has convicted the appellant for the offence punishable under Section 325 of the Indian Penal Code and the appellant has been sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 25,000/- and in default, to undergo further simple imprisonment for six months.

The parties are referred to as they stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 That on 11.06.2005, at around 06.30 pm, the accused went into the house of Lallubhai Budhabhai Ahir in village Sarigam and hit Lallubhai Budhabhai Ahir on the back side of the head and on the neck and caused him grievous injury. That Jashiben Lallubhai Ahir – wife of Lallubhai Budhabhai Ahir filed a complaint on 18.06.2