DOLARAM LADUJI VANZARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ld. Advocate Mr. Pravin Gondalia, appearing for the petitioners in all the applications and Ld. APP Mr. NJ Shah, for the respondent ­ State.

(2.) THE incident in question is dated 31/1/1999, when there was a quarrel between the children of the complainant and accused, namely Pravin Bhagvanbhai Vanzara with one Ashokbhai Bhimajibhai being neighbours at the place of residence of both. Due to such quarrel between the children, an unwarranted incident had taken place on the next day i.e. 01/02/1999 when both the groups had a quarrel amongst them with some weapons and/or instruments like iron rod, pipe, dhariya, etc., which resulted into injuries to the members of both the parties. Due to such incident, cross complaints were filed. So far as the complaint filed by present petitioners is concerned, where the present complainant and his colleagues were accused, after the trial, they all had been acquitted by the trial Court. Whereas against present petitioners, complaint being FIR No. I-40 of 1999 was registered in the Shaher Kotda Police Station wherein after investigation, police has filed charge-sheet before the Metropolitan Magistrate Court, Ahmedabad. Such charge-sheet was registered as Criminal Case No. 306 of 1999 wherein the trial Court has convicted the petitioners by his judgment and order dated 31/8/2006 under section 248 [2] of the Criminal Procedure Code [for short 'Cr. P.C.'] for the offences punishable under sections 323, 324, 325, 427 and 114 of the Indian Penal Code [for short 'IPC'] and ordered to undergo imprisonment for 2 years with fine of Rs.2,000/- and in default of payment of fine, to undergo imprisonment of additional 6 months. Out of the total fine of Rs.8,000/- that may be recovered from 4 accused ­ present petitioners, the trial Court has awarded Rs.1,200/- to the complainant Bhagvanbhai Pratapji Vanzara towards damages for his scooter and cycle at the time of the incident.

(3.) THUS , there is concurrent findings of both, the trial Court and first appellate Court against the present petitioners regarding commission of offence as alleged, wherein several persons had got injuries; whereas the complainant ­ Bhagvanbhai Pratapji Vanzara has received grievous injuries including fracture of lateral malleolus.