RAJUBHAI CHATURBHAI DANTANI 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 7.4.2000 passed by the learned Additional City Sessions Judge, Court No.12, Ahmedabad in Sessions Case No.157 of 1995, whereby the learned Sessions Judge has convicted the appellant Nos. 1, 3, 4 and 5 under Section 326 read with Section 149 of the Indian Penal Code and awarded sentence to undergo R.I. of five years and to pay a fine of Rs.2,000/- each, in default, to further undergo R.I. for three months. For the offence punishable under Section 323 read with Section 149 of the Indian Penal Code, the appellant Nos.1, 3, 4 and 5 were ordered to undergo R.I. for six months. THE appellant Nos.2 and 6 were ordered to undergo R.I. for six months and fine of Rs.500/- each, in default, to further undergo R.I. for one month for the offence punishable under Section 323 read with Section 149 of the Indian Penal Code. It is also ordered by the learned Sessions Judge that the fine amount, which is paid by the appellants ? accused, be paid to the victim as per Section 357 of the Code of Criminal Procedure. All the sentences shall run concurrently. THE brief facts of the prosecution case are as under:

(2.) AS per the case of the prosecution, on 7.3.1995 at about 4:15 p.m., the uncle of the complainant Jashodaben was passing near the house of accused No.5 Narayan Dantani. At that time, accused Nos.1, 3 and 4 attacked with the pipes and the accused No.5 attacked with Dharia. The said accused started blows one after other on the back of injured. The complainant Jashodaben was standing outside her house started shouting and therefore, her father Aljibhai and her brothers Kanubhai and Kantibhai came from the house to rescue and when they tried to intervene, the accused No.5 also caused injuries on the head of said Kanubhai. Aljibhai and his brother Kantibhai were also attacked and beaten with the fist blows. It is also allegation that the accused No.6 Keshabhai Bhaichandbhai and two other persons came there and gave fist blows. Thereafter, the accused fled away with the arms from the place of incident. Due to serious injuries caused to Pravinbhai, he was shifted to the V.S. Hospital for medical treatment and father and brothers were also admitted in the hospital for medical treatment due to injuries caused to them. AS per the case of the prosecution, the day before the incident, when the children were playing in the maholla, the accused No.3 scolded them and threatened them and therefore, the uncle of the complainant Pravinbhai asked the accused No.3 Ramubhai as to why he was scolding and threatening the children and, therefore, the accused No.3 was excited. Therefore, the complaint being C.R. No.I- 109 of 1995 was lodged at Amraiwadi Police Station, for offences punishable under Sections 143, 147, 148, 149, 307, 324 and 323 of the Indian Penal Code as well as for the offence punishable under Section 135(1) of the Bombay Police Act.

(3.) TO prove the case against the appellants, the prosecution has produced documentary evidence and also examined total 11 witnesses before the trial Court and the defence side also produced documentary evidence.