PARSHOTTAMBHAI VALABHAI KHATRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order rendered in Sessions Case No. 85 of 2003 by the learned Addl.Sessions Judge & Presiding Officer, 1st Fast Track Court, Amreli, Camp Rajula, recording the conviction of the appellant accused for the offence under Section 307 of IP Code and imposing rigorous imprisonment for six years and fine of Rs.1000/-, in default, rigorous imprisonment for one year.

(2.) The facts of the case, briefly summarised, are as follows: 2.1 It is the case of the prosecution that on 18.8.2003, at about 7 O'Clock in the evening when the complainant (PW.2-brother) was sitting at the shop of one Ghusabhai Prajapati, he saw the victim (younger brother) coming with the cattle after grazing and the accused was following him. Thereafter, there was some quarrel and before he could start from the shop to rush to his brother, the accused is said to have assaulted the victim with Axe and thereafter ran away. It is also stated that the motive for such assault is the political rivalry as the victim, and the complainant's brother were in Bharatiya Janata Party (BJP) whereas the accused is in Congress Party and as a result of such political rivalry, he had assaulted and thereby committed the offence for which the complaint was registered by the complainant's brother with Rajula Police Station which has been registered as FIR being I-CR No.37 of 2003 under Sections 323, 324, 504, 114 of IP Code and Section 135 of the Bombay Police Act.

(3.) On the basis of the complaint given by the complainant, the offence came to be registered as aforesaid. After the investigation was over, the charge sheet was filed and the offences were exclusively Sessions triable, it has been committed to the Court of Sessions and thereafter the learned Addl.Sessions Judge, Fast Track Court, Amreli, Camp Rajula, framed the charges levelled against the accused for the offence under Section 307 of IP Code.