DIGVIJAYSINH MANUBHA DHADHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellants have challenged the judgment and order of conviction dated 2nd August, 2008 passed by the learned Additional Sessions Judge, Bhavnagar, (FTC No.3) Camp at Botad in Sessions Case No.220 of 2003. The said case was registered against the appellantsoriginal accused Nos.1 to 3 for the offences punishable under Sections 307, 324, 504 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act. The appellant No.1 is convicted for the offence punishable under Section 307 read with Section 114 of the Indian Penal Code and sentenced to undergo R.I. for seven years and fine of Rs.500/-, in default of payment of fine, to undergo further S.I. for 15 days. The appellant No.1 is also convicted for the offence punishable under Section 504 read with Section 114 of the Indian Penal Code and is sentenced to undergo S.I. of six months and fine of Rs.200/-, in default of payment of fine to undergo further S.I. for 10 days. The appellant No.1 is convicted for the offence under Section 135 of the Bombay Police Act read with Section 114 of the Indian Penal Code and is sentenced to undergo S.I. for one month and fine of Rs.100/-, in default of payment of fine, to undergo further S.I. for 5 days. The appellant Nos.2 and 3 are also convicted for the offence punishable under Section 324 read with Section 114 of the Indian Penal Code and they are sentenced to undergo R.I. for one year and fine of Rs.500/-, in default of payment of fine to undergo further S.I. for 10 days. They are also convicted under Section 504 read with Section 114 of the Indian Penal Code and sentenced to undergo S.I. for six months and fine of Rs.500/-, in default of payment of fine, to undergo further S.I. for 15 days. The appellant Nos.2 and 3 are also convicted for the offence under Section 135 of the Bombay Police Act read with Section 114 of the Indian Penal Code and they are sentenced to undergo S.I. for one month and fine of Rs.100/-, in default of payment of fine, to undergo further S.I. for 5 days.

(2.) ACCORDING to the prosecution case, on 31.8.2003 at 16:00 hours, complainant and witnesses were playing cricket on the back side of the society in the open place. At that time, accused came and told them not to play cricket in the ground because they wanted to play cricket there. Thereafter, after some time, accused No.1 came with knife, accused No.2 with bat and accused No.3 with stump came and abused complainant. The appellants-accused Nos.2 and 3 assaulted the complainant with bat and stump on his backside and appellant-accused No.1 assaulted the complainant knife blow on left side of the stomach, as a result of which, complainant was injured severely. Therefore, a complaint to the said effect was lodged with Botad Police Station.

(3.) BEING aggrieved by and dissatisfied with the said judgment and order of conviction dated 2nd August, 2008 passed by the learned Additional Sessions Judge, Bhavnagar, (FTC No.3) Camp at Botad, the appellants have preferred the present appeal before this Honourable Court. I have heard Mr.R.M.Agrawal, learned advocate for appellants and Mr.Tolia and Mr.H.L.Jani, learned Additional Public Prosecutor appearing on behalf of the respondent-State.