RATNABHAI SOMABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant original accused in Sessions Case No.116 of 1992 was charged and tried for the offences punishable under Section 307 of IPC and Section 135 of the Bombay Police Act, 1951. Learned Additional Sessions Judge, Rajkot by his judgment and order dated 20.10.1999 acquitted the present appellant accused for the offence punishable under Section 307 of IPC and Section 135 of the Bombay Police Act, but convicted the present appellant accused for the offence punishable under Section 325 of IPC and sentenced to suffer six months rigorous imprisonment and to pay fine of Rs.1000/-, in default, to suffer further three months simple imprisonment.

(2.) In brief, it is the case of the prosecution that the incident took place on 9.8.1992 in village Halenda in the field of Bholabhai Lakhabhai. It is alleged that at about 3.30 p.m. on the boundary of the said field, the present appellant accused Ratnabhai Somabhai came with the goats in the field of Bholabhai Lakhabhai and Bholabhai Lakhabhai asked him to take away goats outside the field, but the appellant accused threatened Bholabhai Lakhabhai and told him not to speak anything otherwise he will be beaten; thereafter, Bholabhai Lakhabhai himself tried to drive away the goats from the field and hence the accused got excited and caused injuries with the stick on the head of Bholabhai Lakhabhai and Bholabhai Lakhabhai fell down and became unconscious. Complainant Panchabhai Jivabhai Patel, during this time who was working in his field, came in the field of Bholabhai Lakhabhai and found that Bholabhai Lakhabhai was lying on the land in injured condition and there was profuse bleeding; other persons were called to help the complainant; other persons came there and Bholabhai Lakhabhai was shifted to the Civil Hospital, Rajkot. The complaint was lodged by Panchabhai in the hospital before the Police Inspector on 9.8.1992 at about 18.45 hours.

(3.) Accordingly, the offence was registered and the investigation was carried out. During the investigation, the panchnama of scene of offence was drawn; the statements of other relevant witnesses were recorded; the accused was arrested and muddamal was recovered and at the end of the investigation, the chargesheet for the offences punishable under Section 307 of IPC and Section 135 of the Bombay Police Act was filed in the court of learned Chief Judicial Magistrate, Rajkot against the accused. As the case was exclusively triable by the Sessions Court, learned Magistrate committed the case to the Sessions Court, Rajkot.