RAMESHBHAI VISHNUBHAI SELAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the above Appeals are arising out of the one and similar Judgment and since the oral as well as documentary evidence are the same, they are decided and disposed of together by this common Judgment.

(2.) CRIMINAL Appeal No.75 of 2000 has been filed by the appellant ? (original accused), under Section 374 of CRIMINAL Procedure Code, challenging the judgment and order dated 17.12.1999 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 238 of 1998, whereby the learned Additional Sessions Judge, has held the appellant ? accused guilty (i) for the offence under Section 143 of I.P.Code and awarded sentence to the appellant ? accused to suffer 1 (one) month S.I. and to pay a fine of Rs.100/-, and in fault of payment of fine the appellant ? accused was directed to undergo S.I. for 7 (seven) days and (ii) for the offence under Section 147 of I.P.Code and awarded sentence to the appellant ? accused to suffer 3 (three) months S.I. and to pay a fine of Rs.100/-, and in fault of payment of fine the appellant ? accused was directed to undergo S.I. for 7 (seven) days and (iii) for the offence under Section 148 of I.P.Code and awarded sentence to the appellant ? accused to suffer 3 (three) months S.I. and to pay a fine of Rs.100/-, and in fault of payment of fine the appellant ? accused was directed to undergo S.I. for 7 (seven) days and (iv) for the offence under Section 342 read with 149 of I.P.Code and awarded sentence to the appellant ? accused to suffer 3 (three) months S.I. and to pay a fine of Rs.100/-, and in fault of payment of fine the appellant ? accused was directed to undergo S.I. for 7 (seven) days and (v) for the offence under Section 307 read with 149 of I.P.Code and awarded sentence to the appellant ? accused to suffer 1 (one) year R.I. and to pay a fine of Rs.500/-, and in fault of payment of fine the appellant ? accused was directed to undergo S.I. for 1 (one) month. The learned Judge has ordered that all the substantive sentences shall run concurrently.

(3.) THAT on 1.7.1998 because of rivalry when the complainant was sitting in the ootta of his house and his brother was sitting in the residence, at that time at about 9:30 p.m. accused Nos.1 to 4 and 7 came at the residence of the complainant and accused No.7 ? Kashinath abused the complainant and other accused informed that they will kill the complainant. The complainant stood up. At that time accused Nos.1 to 4 caught hold of the complainant and folded the hand of the complainant by taking both the hands back. At that time accused No.7 took out the razor and attacked on the complainant. Accused no.1 to 4 felt that they may also sustain injury by the razor of accused No.7. All the accused i.e. Nos.1 to 4 released the complainant. The accused No.7 gave 3 razor blows to the complainant. The complainant was bleeding and other persons ran to the place by hearing shouts. Accused No.6 came there and gave kicks to the complainant while the other persons rushed there. All the accused ran away. In the said scuffle accused No.7 also sustained injuries with his own knife on the cheeks and dadi. The complainant had been shifted to the hospital and the complaint had been registered. Thereafter, the investigation was carried out and police recovered 5 swords from the residence of accused No.7. The accused were arrested by the Police. Thereafter, after completion of investigation, the police filed charge-sheet against the accused before the Court of learned Judicial Magistrate First Class, Vadodara. As the offence was exclusively triable by a Court of Sessions, the learned Magistrate committed the said case to the Court of Sessions at Vadodara.