NARANSINH PRABHATSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellants have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 9.1.1998 passed by the learned Addl. Sessions judge in Sessions Case No.153/1991 whereby, the learned Judge has convicted the appellant under sec. 324 of IPC and sentenced to undergo S/I for three months and to pay a fine of Rs.3000/-, in default, to undergo further S/I for 15 day, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That, on 11.11.1990 at about 8.00a.m., when Bharatbhai Ranchhodbhai, Jagdishbhai Ranchhodbhai and Vikrambhai Ranchodbhai had gone to their field, at that time, Naransing Prabhatsing,Khumansing Dhulabhai, Pravinsinh Natvarsinh and Shivabhai Ramabhai came there and asked them why they are not allowing the appellants-accused persons to take water and started abusing them. It is also the case of the prosecution that Pravinsinh Natvarsinh has given stick blow on the back-side of Vikrambhai and Khumasinh Dhulabhai had given dhariya blow on the elbow of left hand of Jagdishbhai. It is further the case of the prosecution that when complainant intervened, Narayansinh Prabhatsinh had given dhariya blow on his head and due to that blow, there was bleeding. Due to the said quarrel, there was shouting and on hearing the shouts, mother and father of Bharatbhai came there because their house is situated near the scene of offence place. When Ranchhodbhai has scolded them, Narayansinh Prabhatsinh had given dhariya blow on the head of Ranchhodbhai, whereas Khumansinh Dhulabhai had given stick blows on the backside as well as on leg. As per prosecution case, Shivabhai Rambhai had caused injury to Parsanben, mother of Bharatbhai, by pointed portion of dhariya on the elbow of her right hand. Due to this quarrel, there was shouts and on hearing the shouts, other persons came there and the accused persons ran away from the place of scene of offence.