NATVERBHAI RAMABHAI KOLI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred the present appeal against the judgment and order of conviction and sentence dated 28th November 1997 passed by the learned Additional Sessions Judge, Surat, in Sessions Case No.57 of 1992, whereby the appellants have been held guilty for the offences punishable under Sections 325 and 323 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 15th July 1992 at about 03.00 p.m. in the noon, the complainant along with two other persons went to one Magan Dayal Koli Patel at Una Village for asking about labour work. IT is the case of the complainant that when they returning from Magan Dayal's house passing through the house of Natvarrama Koli Patel, the said person called them. At that point of time, said Natvarrama Koli Patel came with iron rod in his hand and asked the complainant, Mansing and Dinesh as to why they were doing labour work with Magan Dalay? and asking this, gave a blow of iron rod on the head of Mansing. Because of blow given by Natvarrama, Mansing fell down and bleeding from his head. IT is also the case of the complainant that at that time Govind Bhikha was also in the house. He came outside the house with iron rod (paras, which is used for grinding the goods) and gave one blow on the head of Dinesh. Because of blow given by the Govind Bhikha, Dinesh also fell down and bleeding from his head. Because of this incident, the complainant frightened and ran away. IT is also the case of the complainant that both these persons viz. Natvarrama and Govind, chase the complainant but the complainant succeed to run away. IT is also the case of the complainant that thereafter the complainant went to village Puna and told the incident to Dhirubhai Vasa. Thereafter, they went to village Una and take Mansing and Dinesh to Government Hospital, Mandvi. IT is the case of the complainant that Natvar Rama was having illicit relations with wife of Magan Dayal's wife. IT is the case of the complainant that often the complainant himself, Mansing and Dinesh went to Magan Dayal's house for labour work and as they were being obstacles in illicit relation, this incident was happened. Therefore, a complainant to the said effect was registered with Mandvi Police Station on the same day. Thereafter, statements of injured witnesses was recorded and panchnama of seen of offence was also drawn. Clothes of Mansing and Dinesh were also recovered. Thereafter, as the accused persons were found and they had produced muddamal article, panchnama was drawn for recovery of muddamal. Thereafter, as sufficient evidence was found, charge-sheet came to be filed against the present appellants-accused.

(3.) AFTER hearing both the sides, the learned Additional Sessions Judge, Surat, by his judgment and order of conviction and sentence dated 28th November 1997 passed in Sessions Case No.57 of 1992, convicted the appellant No.1 for the offence punishable under Section 325 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of three years and also imposed fine of Rs.500/-, and in default of payment of fine, ordered to undergo simple imprisonment for a further period of three months. The appellant No.2 convicted for the offence punishable under Section 323 of the Indian Penal Code and ordered to undergo simple imprisonment for a period of three months and also imposed fine of Rs.100/-, and in default of payment of fine, ordered to undergo simple imprisonment for a further period of 15 days. However, it was clarified that substantive sentences shall run concurrently.