KATHI NAJA NAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 ('Code' for short), the appellants have challenged the conviction and sentence order passed by the learned Sessions Judge, Amreli, on 23rd February 1983, in Sessions. Case No. 47 of 1982. The appellant No. 1 who is the original accused No. 1 sentenced for the offence punishable under Section 394 of the Indian Penal Code to undergo Rigorous Imprisonment for six months and to pay fine of Rs. 100/- and in default to undergo rigorous imprisonment for 10 days. He is further sentenced for offence punishable under Section 332 read with Section 114 of the Indian Penal Code to undergo rigorous imprisonment for six months. The appellant No. 2 who is the original accused No. 2.is sentenced for offence punishable under Section 394 of the Indian Penal Code to undergo rigorous imprisonment for one year and to pay fine of Rs. 100/- and in default to undergo rigorous imprisonment for 10 days. He is also sentenced for the offence punishable under Section 332 of the Indian Penal Code, to undergo rigorous imprisonment for one year. The substantive sentences against the appellants have been ordered to run concurrently by the learned Sessions Judge.

(2.) The resume of the material facts giving rise to the present appeal, may be narrated, at this stage. The present appellants are the original accused persons who were prosecuted on the charges of offences punishable under Sections 397, 326 and 333 of the IPC, alleged to have been committed by them, on 8-1-1982, at about 6.00 p.m. in the forest area of Village Chanchai by committing theft of wood and by voluntarily causing grievous hurt to the Forest Beat Guard Rambhai Bhimsinh, who was working as a public servant, with intention to obstruct him from exercising his function as a Public Servant.

(3.) According to the prosecution version, the appellants who are original accused (for short accused No. 1 and 2-herein) were found to have been carrying forest property like wooden logs on the day of incident at about 6.00 p.m. near forest area and the Forest Fire Guard Kathad Hamir who is original complainant and injured Beat Guard Rambhai Bhimsinh, both public servants, who were performing and were on patrolling duty chased them and prevented them near village Chanchai. They asked them to go to the police outpost with them. The accused persons refused to oblige them and started quarrelling. The accused No. 2 Kathi Lakhu Abhal aimed an axe blow at complainant Kathad Hamir who avoided it with his hands. Thereafter, the accused Lakhu Abhal inflicted an axe blow on the person of injured Rambhai Bhimsinh on his head. Consequently, the said Rambhai Bhimsinh fell down and he sustained serious injury on his head and then the accused ran away towards the forest side.