(1.) THE Appellant -original accused has filed this Appeal against the judgment and order of conviction and sentence dated 21st November, 2006 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Mahesana in Sessions case No. 75 of 2006, whereby the learned Additional Sessions Judge has held the Appellant -accused guilty for the offence punishable under Sections 307 and 324 of the Indian Penal Code and Section 135 of the Bombay Police Act and sentenced him to suffer rigorous imprisonment for a period of seven years and pay a fine of Rs. 2500/ -, in default, further rigorous imprisonment for a period of three months. The learned Additional Sessions Judge has also held the Appellant -accused guilty for the offence under Section 324 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a period of two years, and pay a fine of Rs. 500/ -, in default, further rigorous imprisonment for a period of one months. The learned Additional Sessions Judge has also held the Appellant -accused guilty for the offence punishable under Section 135 of the Bombay Police Act and sentenced him to suffer rigorous imprisonment for a period of 3 months and pay a fine of Rs. 100/ -, in default, further rigorous imprisonment for a period of 10 days. All the sentences are ordered to run concurrently.
(2.) BRIEF facts of the prosecution case are that the complainant Bhalaji Kadvaji Thakor originally belonging to Visnagar Taluka is rendering his services in Asharamji Ashram situated on Kada road since last four months. On 2.5.2006 at about 2.00 p.m., when the complainant was engaged in the services of the Ashram, at that time at about 2.00 p.m., the accused had entered the Ashram from the main gate of the Ashram. At that time, the complainant heard cries of Prahladbhai and the complainant had informed Madhabhai Sadhu about this and both had gone towards the room of Prahladbhai. At that time, they saw that the accused was continuously stabbing with a knife to Prahladbhai in the bathroom. The complainant had rescued Prahladbhai from the attack of the accused and at that time, the accused had ran towards the complainant to beat him. At that time, the accused had given a knife blow on the waist of the complainant and thereafter, he had run away from the gate. However, inspite of search, he was not found. Prahladbhai was profusely bleeding on the spot. Police had reached on the spot within a short time. Prahladbhai had received various knife blows.
(3.) ON the basis of this incident, complaint being I -Cr. No. 157 of 2006 came to be registered against the accused with Visnagar police station for the offence punishable under Sections 307 and 323 of the Indian Penal Code. Panchnama of place of clothes of the injured person, panchnama of the physical position of the accused, discovery panchnama of Muddamal weapon, medical certificate of the injured person were collected by the Investigating Agency and the statements of witnesses were also recorded and Muddamal was sent to Forensic Science Laboratory as per Ravangi note and then charge -sheet was filed before the learned Magistrate. Thereafter, as the case was exclusively triable by the Court of Sessions, the Magistrate had committed the case to the Court of Sessions.