KANUBHAI VAGHABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 16th January, 1998 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No. 146 of 1994, whereby the appellant has been convicted for the offences punishable under Sections 325 and 323 of the Indian Penal Code. The learned trial Judge was pleased to convict the appellant under Section 325 of the Indian Penal Code and ordered to undergo simple imprisonment for a period of one year 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 learned trial Judge was also pleased to convict the appellant for the offence punishable under Section 323 and ordered to undergo simple imprisonment for a period of one month. However, both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution is that on 20th June, 1993 at about 20.45 hours, the appellant along with four other accused forming an unlawful assembly and attacked on the father of the complainant with deadly weapons. It is also the case of the prosecution that the appellant, who was having Dharia in his hand, had given Dharia blow on the head of the father of the complainant. THE original accused No.2 caught hold of the father of the complainant and the appellant gave second blow of Dharia on the left side of abdomen of the father of the complainant. THE original accused No.3 had given a stick blow to the complainant's father. THErefore, the complainant, his mother, his maternal aunty, his sister intervened and made shouts. It is also the case of the prosecution that the accused had also given stick blow to the complainant's sister. THEreafter, as the other people of street gathered, the accused had run away.

(3.) AT the end of trial, the Court below convicted the accused and imposed sentenced as narrated above and therefore, the appellant has filed the present appeal.