NARESHBHAI GOVINDBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1451 of 2010 has been preferred by Original Accused Nos. 2 & 4 of Sessions Case No. 42 of 2009 whereby they challenge the validity of the judgement and order dated 29.07.2010 passed by the Additional Sessions Judge, Fast Track Court, Surendranagar wherein the accused no. 2 has been found guilty of commission of offence under Section 324 of Indian Penal Code whereas original accused no. 4 has been found guilty of commission of offence under section 323 of Indian Penal Code. Original accused no. 2 accordingly has been awarded rigorous imprisonment for one year & fine of Rs. 10,000/ -, in default, simple imprisonment for three months under section 324 IPC and original accused no. 4 has been awarded rigorous imprisonment for three months and fine of Rs. 1000/ -, in default, simple imprisonment for one month under section 323 of Indian Penal Code.

(2.) IT is the case of the prosecution that on 31.12.2008, at around 07.30 pm when the complainant was present at his house, accused nos. 1 and 2 came there with knives in their hands and started abusing the complainant and asked him as to why he was not repairing the wall which had fallen down while the complainant was laying the foundation in his B.P.L plot. At this time, the complainant s father, his wife, his mother, one Vashrambhai and one Mansukhbhai came to there and started pacifying the accused as to the repairs would be done as per the settlement. It is the case of the prosecution that, however, remaining accused persons came there with sticks and knives in their hands and started beating the complainant and his relatives. It is the case of the prosecution that accused no. 1 inflicted two knife blows on the stomach of the complainant s father as a result of which he collapsed. At this time, when Vashrambhai intervened he also sustained injuries on his stomach. Original accused no. 4 had stick in his hand and he gave stick blows to the complainant as a result of which he sustained injuries on his left hand. It is further the case of the prosecution that original accused no. 5 gave stick blows to Mansukhbhai whereas accused nos. 6 and 7 pelted stones on the wife and mother of the complainant. It is the case of the prosecution that by that time the villagers arrived there and therefore the accused persons fled from the scene of offence. Thereafter, the injured persons were taken to hospital where it was informed that the complainant s father had succumbed to his injuries. Therefore, a complaint in this regard was lodged against the original accused persons.

(3.) MR . P.S. Chaudhary, learned advocate appearing for the appellants stated that original accused no. 4 Mohanbhai Parmar has already undergone the sentence imposed upon him and also paid the amount of fine.