LAWS(GJH)-2011-3-196

IBRAHIM AHMED MAKARANI Vs. STATE OF GUJARAT

Decided On March 29, 2011
IBRAHIM AHMED MAKARANI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.5.1994 passed by the learned Additional Sessions Judge Godhra in Sessions Case No.230 of 1992, whereby the learned Sessions Judge has convicted the appellant under Section 324 of the Indian Penal Code and sentenced the appellant and the appellant was ordered to undergo R.I. of two years and to pay a fine of Rs.500/-, in default, to under further S.I. for fifteen days. THE brief facts of the prosecution case is as under:

(2.) THE allegations levelled against the accused are that the complainant is a driver and when he was driving his tempo along with conductor and two or three persons were siting in the tempo and after crossing at Navaphalia, four to five person gave single to stop the vehicle, therefore, complainant stopped and said persons asked to take seat in the tempo. THE complainant told that there was no vacancy in his tempo and if persons wanted to sit in tempo, then they would sit the backside of the cabin of tempo. THErefore, the persons threw the complainant from the tempo and gave knife blow over the head of the complainant and other persons gave stick blows to the complainant and they damaged the tempo. THErefore, the complaint was registered against the appellant ? accused for the offences punishable under Sections 147, 148, 307, 427 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined ten witnesses before the trial Court.