MUKESHBHAI TRIBHOVANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants have preferred this Appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 4.12.2006 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Surendranagar in Sessions Case No.13 of 2005, whereby the learned Sessions Judge has convicted the appellants for the offence punishable under Section 427 of the Indian Penal Code and the appellants were ordered to undergo R.I. for six months and to pay a fine of Rs.1000/- each, in default, to undergo further S.I. for two months. Learned Sessions Judge was pleased to convict and sentence the appellants to undergo R.I. for two years and to pay a fine of Rs.4000/- each, in default, further S.I. for six months for the offence punishable under Section 324 of the Indian Penal Code and for the offence punishable under Section 452 of the Indian Penal Code, learned Sessions Judge also ordered the appellants to undergo R.I. for three years months and fine of Rs.5000/- each, in default, to undergo S.I. for six months. All the sentences shall run concurrently and from the fine amount, Rs.30000/- was ordered to be paid to the complainant towards compensation. THE brief facts of the prosecution case are as under:

(2.) AS per the case of the prosecution, on 18.6.2004, in the morning, the complainant and one Ghanshyambhai went to the factory of Chandubhai Patel situated at Kumbharpara for discussing about the exchange of words which took place at the factory on 17.6.2004 with the appellant No.1. The appellant No.1 told that the appellant No.1 will beat both the complainant and said person Ghanshyambhai. It is alleged that at about 10:30 a.m., a mob of about eleven persons came to the house of the complainant with weapons and caused the damage to the house. When the brother of the complainant tried to protect them then appellant No.1 tried to give blow with sword but as Jasuben, wife of Sukhabhai came for rescue, she sustained blow on her wrist of right hand. The appellant No.2 inflicted pipe blow over the right leg of the complainant. The appellant No.6 inflicted pipe blow to Ghanshyambhai. Thus, the persons of mob inflicted stick and pipe blows to Bharat Kanji, AShok Kanji, Chandrakant Jayantilal and Mahesh Jayantilal. Therefore, the complaint was lodged before the Limdi Police Station which was numbered as C.R. No.I-117 of 2004 for the offences punishable under Sections 323, 324, 452, 395, 504 and 506(2) of the Indian Penal Code and Section 135 of the Bombay Police Act against the accused appellants.

(3.) TO prove the case against the appellants, the prosecution has produced documentary evidence and also examined in all 18 witnesses before the Sessions Court.