SOMJI ALIAS KHENGARJI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 389 of the Code of Criminal Procedure through the jail, against the judgment and order of conviction and sentence dated 28.8.2002 passed by the learned Additional Sessions Judge, Court No.14, Ahmedabad City in Sessions Case No.8 of 2001, whereby the learned Sessions Judge has convicted the appellant under Sections 307 and 34 of the Indian Penal Code and sentenced the appellant to undergo R.I. of five years and to pay a fine of Rs.1,000/-, in default, to under further S.I. for three months. THE brief facts of the prosecution case are as under:

(2.) THE allegations levelled against the accused are that the complainant was driving the passenger rickshaw and on 14.6.2000, he was at Vadilal Hospital for driving his rickshaw and at that time, the accused told the complainant for going to Raikhad and thereafter, the accused told the complainant to proceed some other places and lastly, behind Vasna Telephone Exchange, the accused gave blows upon the complainant with a view to kill him. THErefore, the complaint was lodged for the offence punishable under Sections 307 and 114 of the Indian Penal Code and Section 135 (1) of the Bombay Police Act.

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