KANUBHAI UDESING BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred the present Appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 01st April 2000 passed by the learned Additional Sessions Judge, Panchmahals at Godhra, in Sessions Case No.351 of 1999, whereby the learned Judge was pleased to convict the appellants-accused under Sections 304 Part-II and 324 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 16th September 1999 at the time when the complainant and her husband was at home, the accused No.1 came and asked for chicken (hen). Therefore, the complainant replied that wait until her son came. IT is also the case of the complainant that listening the reply of the complainant, the accused No.1 got annoyed and in abusing language asked the complainant to give him chicken (hen). At that point of time, two son of the complainant came and told the accused No.1 to go away. IT is the case of the complainant that the accused No.1 got annoyed and gave a stick blow to her son Kanu on his nose. Thereafter, accused Nos.2 and 3 came there and the accused No.3 gave Axe blow on the head of her son Ramesh. IT is also the case of the complainant that seeing this, her daughter-in-law, wife of Ramesh, intervened. IT is the case of the complainant that the accused No.2 had given Axe blow on her head. IT is further the case of the complainant that thereafter all the accused have given kick and fist blows to her, Minaben, daughter-in-law and her daughter. IT is also the case of the complainant that all the accused have also given kick and fist blows to her husband also. IT is the case of the complainant that thereafter, as the peoples gathered, all the accused ran away by abusing us. Therefore, after taking treatment, complaint was registered by the complainant.

(3.) AFTER hearing both the sides at length, the learned Additional Sessions Judge, Panchmahals at Godhra, passed the judgment and order of conviction and sentence dated 01st April 2000 in Sessions Case No.351 of 1999, whereby the learned trial Judge was pleased to convict the appellants under Section 304 Part-II read with Section 114 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of four years and also imposed fine of Rs.500/- each, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of one month. The learned trial Judge has also convicted the appellants under Section 324 read with Section 114 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of one year and also imposed fine of Rs.250/- each, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of one month. However, it was clarified that both the sentences shall run concurrently.