SATISHBHAI PUNJABHAI CHAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 28.4.2004 passed by the learned Assistant Sessions Judge, Mehsana in Sessions Case No. 64/2004, whereby, the learned Judge has convicted the appellant under sec. 307 of IPC and under sec. 135 and 37(1) of the BP Act and sentenced to undergo imprisonment of 5 years years and to pay a fine of Rs. 500/-, in default, to undergo further S/I for one month, which is impugned in this appeal.

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

(3.) That on 9.10.2002, the complainant and one witness Umedbhai Hemrajbhai were going on a tractor. The complainant was dropped at the Harijanvas and witness Umedbhai went to take diesel. Therefore, near the house of Thakore community, all the accused persons have intercepted the tractor and abused the said witness and it was also alleged that the present appellant was having dhariya in his hand and he gave a blow on the head of the said witness and accused no. 1 gave stick blow and other two original accused no. 3 and 4 were also beating with stick and, therefore, the complainant intervened, the accused persons ran away from the place of offence. While leaving the place of offence, the accused persons have also threatened them to kill.