KARANBHAI NATHABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgement and order dated 15.10.2007 passed by the learned Sessions Judge in Sessions Case No.36/2001, whereby the appellant-accused have been convicted for the offences under Section 147 read with Section 148 of IPC and the accused are also convicted for the offences under Section 366 read with Section 304 of IPC and the sentence is imposed of one year R.I., with the fine of Rs.2,000/-, 2 (two) years R.I., with the fine of Rs.3,000/-, 10 (ten) years R.I., with the fine of Rs.5,000/-, and 10 (ten) years R.I., with the fine of Rs.5,000/- for the respective offences and all punishments are ordered to be undergone concurrently.

(2.) It appears that as per the prosecution case on 17.2.2001, when the complainant Nimuben Gobarbhai Radadiya with her mother were present at their residence and at that time, the brother of the complainant and the father of the complainant were at a different place, at about 7 O'Clock, Accused No.1 (A-1) together with about 7 persons came at the residence with the weapons and two persons of the said assembly, dragged the complainant into the street and the other persons were standing at that time and were shouting to take away the complainant. At that time, the complainant started shouting for the help and one Rajabhai Bhikhabhai Bharwad and Hematbhai Karsanbhai Balodiya and other neighbours came forward. The said Rajabhai sustained injuries of the blow given by Karanbhai Nathabhai Bharwad A-1 and since the complainant was dragged, her clothes were torn off and the accused also sustained injuries. Thereafter, they ran away. The complaint was filed with Upleta Police Station vide C.R. No.24/2001. The Police investigated into the complaint and the charge-sheet was also filed. It may also be recorded that the accused No.1 also filed cross-complaint later on vide C.R. No.25/2001, but the pertinent aspect is that in the said complaint there is no reference whatsoever to the injuries caused to Rajabhai. It also appears that thereafter, Rajabhai, who sustained serious injuries, had succumbed to the injuries and the additional charge of 302 of IPC was added in the complaint.

(3.) The prosecution in support of the charge at the time of trial led oral evidence and examined 26 witnesses, the details of which are mentioned by the learned Sessions Judge at paragraph 3 of the judgement. The prosecution also produced evidence of 39 documents, the details of which are also mentioned in the said paragraph by the learned Sessions Judge. The learned Sessions Judge thereafter recorded the further statements of the concerned accused, wherein the accused denied accusation made against them and in the further statements, it was stated that a false case is filed against them. The learned Sessions Judge heard the prosecution as well as the accused and found the case for conviction under Section 147-148-149-366-304 of IPC read with 235(2) of Cr.P.C. and on the aspects of punishment, the learned Sessions Judge further heard the accused and ultimately imposed the sentence as referred to herein above in earlier paragraph. It is under these circumstances, the present appeal before this Court.