JUDGMENT :

M.K. THAKKER, J.

1. The present appeal is filed under Section-374 of the Cr.P.C. challenging the judgment and order dated 28.07.2006 passed by the learned Additional Sessions Judge, Deesa at Banaskantha in Sessions Case No. 54 of 2003, whereby, the appellant-original accused no. 1 has been convicted for an offence under section-324 of IPC and ordered to undergo sentence of rigorous imprisonment of 04 months with fine of Rs. 500/- and in default of, further period of one month of simple imprisonment was ordered.

2. The case of the prosecution is in nutshell as under:

2.1 That one complaint came to be registered on 19.08.2002 by the complainant viz. Taljabhai Bhurabhai Thakor residing at village-Tervala before the P.S.I. Tharad Police Station alleging that at 4:00 o’clock in evening hours, the complainant and his cousin brothers viz. (1) Govabhai Laghabhai and (2) Rameshbhai Palabhai were returning from the Bhabhar after purchasing the household articles and when they reached to the field of the complainant, the accused no. 1 viz. Somabhai Bavaji, who met them on the road and hot altercation started with regard to the incident occurred prior to 10 days where the aunty of the a