MATHURJI LAXMANJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order rendered in Sessions Case No.266 of 1998 by the learned Additional Sessions Judge, Mehsana dated 13.08.1999, recording the conviction of the appellants-accused for the offence under Section 323 of the Indian Penal Code imposing the sentence of rigorous imprisonment for six months and fine of Rs.500/-, in default, further simple imprisonment for fifteen days.

(2.) The facts of the case, briefly summarised, are that, on 13.03.1998 at about 05:30, the complainant and others were playing thage and the accused persons are alleged to have assaulted with dharia, sticks etc. and thereby, committed the offences under Sections 147, 148, 324, 323 read with Section 504 of the Indian Penal Code and under Section 135 of the Bombay Police Act. On the basis of said complaint, FIR came to be registered as C.R.No.I-94/1998 with Visnagar Police Station. After registration of the offence, the investigation was made. At the end of investigation, the chargesheet was submitted before the Court of Learned Magistrate, who committed the case to the Court of Sessions, Mehsana, where it was numbered as Sessions Case No.266/1998.

(3.) After the recording of the evidence of the prosecution witnesses was over, the learned Sessions Judge also recorded the further statements of the accused under Section 313 of the Code of Criminal Procedure. After hearing the learned APP and the learned advocate for the accused, the learned Additional Sessions Judge, Mehsana recorded the conviction of the accused as stated above.