KANCHANBHAI ZAVERBHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants " original accused have filed this Appeal under Section 378 Cr.P.C., against the Judgment and order of conviction and sentence dated 14.05.2009 passed by the learned 5th Additional District & Sessions Judge, Vadodara, in Sessions Case No. 149 of 2007, whereby the learned Additional Sessions Judge has (i) held the appellant No.1 - (ori. Accused No.1) guilty for the offence punishable under Section 304 Part-II of I.P. Code and sentenced him to suffer RI for 6 (years) and to pay a fine of Rs.5000/- i/d to undergo SI for 3 (three) months; (ii) held the appellants No.2 & 4 " original accused Nos.2 & 4 guilty for the offence under Section 323 I.P. Code and sentenced them to suffer imprisonment for 6 (six) months; and (iii) held the appellant No.3 " original accused No.3 guilty for the offence under Section 324 of I.P. Code and awarded the sentence to the extent that the sentence which he had already undergone was treated as sentence.

(2.) THE brief facts of the case of prosecution are that before one year the complainant had kidnapped the daughter of Bhailalbhai Zinabhai. However, the said matter was compromised between the complainant and accused in the village. THEreafter the quarrel took place between the accused and the complainant side. It is alleged that accused No.1 gave a dharia blow on the head of Vitthalbhai Zinabhai and caused serious injury and due to said injury Vitthalbhai died, the accused No.2 gave stick blow on the wrist of left hand of complainant Mukeshbhai and caused fracture, the accused No.3 gave an Axe blow on the head of witness Bhailalbhai Zinabhai and caused injury and accused No.5 gave stick blow on the hand of witness Nandaben Vitthalbhai and thereby committed an offence under Sections 143, 147, 148, 325, 326, 302, 504, 114 of I.P. Code and Section 135 of Bombay Police Act. THEreafter the complainant lodged complaint with Dabhoi Police Station. THE Police registered the offence against the accused and carried out investigation. THEreafter, the accused were arrested.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of conviction and sentence the appellant " accused has preferred this Appeal.