JANGUBHAI BHOTIABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant has preferred the present appeal against the judgment and order of conviction and sentence dated 24th December, 2009 passed by the learned 4th Additional Sessions Judge, Vadodara at Camp Chhotaudaipur, in Sessions Case No. 70 of 2008, whereby the learned Judge has convicted the Appellant-accused for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years, and also imposed fine of Rs. 1,000/-, and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of six months. The Appellant has also convicted for the offence punishable under Section 25(1)(a) of the Arms Act and sentenced him to undergo simple imprisonment for a period of six months, and also imposed fine of Rs. 500/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of one month. However, the Appellant was acquitted from the offence punishable under Section 504 of the Indian Penal Code, Section 40 of the Arms Act and under Section 135 of the Bombay Police Act.

(2.) It is the case of the prosecution that on 20th May, 2008 at village Zaab, the complainant and other persons were sitting in open space just opposite to the house of Bhagubhai Bavabhai Rathava. It is the case of the prosecution that at that point of time, the present Appellant and other accused persons came there and abused the complainant and other persons. It is further the case of the prosecution that thereafter the Appellant had came there with gun in his hand and the other two accused persons had came there with stick and sword in their hand and thereby the Appellant fired the arms four times. Because of firing, the complainant and other persons got injured.

(3.) Therefore, a complaint to the said effect was registered by the complainant with Karali Police Station. Thereafter, as the sufficient evidence found, the accused persons came to be chargesheeted before the Court of Chhotaudaipur. Thereafter, as the case was exclusively triable by the Court of Sessions, the same was transferred to the Court of Sessions.