THAKORE HOTHAJI PRATAPJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants have preferred this Appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 19.3.1998 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) at Gandhinagar in Sessions Case No.78 of 1996, whereby the learned Sessions Judge has convicted the appellants for the offence punishable under Section 324 of the Indian Penal Code and the appellants were ordered to undergo S.I. for 3 months and to pay a fine of Rs.500/- each, in default, to undergo further S.I. for 15 days. Learned Sessions Judge was pleased to convict and sentence the appellant No.1 to undergo R.I. for five years and to pay a fine of Rs.1000/-, in default, further S.I. for one month for the offence punishable under Section 307 of the Indian Penal Code and the appellant No.2 was ordered to undergo R.I. for one year and fine of Rs.1000/-, in default, to undergo further S.I. for one month for the offence punishable under Section 307 of the Indian Penal Code. THE brief facts of the prosecution case are as under:

(2.) AS per the case of the prosecution, on 20.10.1995, the quarrel took place between complainant and appellant No.1 regarding throwing bricks/stones in the borewell of the complainant. Therefore, the complainant and his father Prahladbhai condemned the appellants and therefore, the appellant No.1 instigated suddenly and inflicted the blow with iron pipe and appellant No.2 with the stick, inflicted blow upon the complainant and one injured father of the complainant. Thereby the complainant and his father were injured. Therefore, the complaint was lodged against the appellants for the offence punishable under Sections 323, 324, 504, 307, 114 of the Indian Penal Code.

(3.) TO prove the case against the appellants, the prosecution has produced documentary evidence and also examined in all 9 witnesses before the Sessions Court.