FARUKBHAI ALLARAKHABHAI MIYANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction and sentence dated 08th September, 2010 passed by the learned Sessions Judge, Surendranagar, in Sessions Case No.22 of 2009, whereby the learned Judge has convicted the appellant-accused under Sections 304 Part II of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 13th December, 2008 at about 11.30 hours the appellant-original accused No.1 had entered into the complainant's house armed with dharia and knife. When the complainant asked the complainant about his identity, the appellant replied that he has some work with her husband. Therefore, the complainant opened the door. When the complainant seen the appellant armed with dharia and knife, she immediately closed the door. Thereafter, the appellant started knocking the door forcibly and also had given a dharia blow on the door. IT is the case of the prosecution that therefore, the door stopper had broken out and door opened. IT is further the case of the prosecution that the appellant has stepped into the complainant's house and placed his hands on the chest of the complainant. Therefore, the complainant was shouting loudly and rushed towards his father's house, who is residing nearby. On hearing shout of the complainant, father of the complainant came outside the house. IT is the case of the prosecution that at that point of time, father of the appellant, i.e. original accused No.2, had given a stick blow to the father of the complainant from reverse side and the present appellant had given a dharia blow to the father of the complainant. Subsequently, father of the complainant taken to the hospital and was given primary treatment. IT is further the case of the prosecution that on 08th January, 2009 father of the complainant died. Therefore, a complaint to the said effect came to be registered with Joravarnagar Police Station on 10th January, 2009, which is registered as CR No.I-2 of 2009 for the offence punishable under Sections 452, 354, 302 and 114 of the Indian Penal Code.

(3.) THEREAFTER, on completion of evidence by prosecution, statement of accused persons under Section 313 of the Code of Criminal Procedure, 1973 came to be recorded wherein the accused persons have denied the case filed against them and submitted that a false case is filed against them.