ISHWAR @ BUDHO MASHRUBHAI PADALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 790 of 2009 has been preferred by original accused no. 1 whereas Criminal Appeal No. 1175 of 2009 has been preferred by the State against original accused no. 1 & 2 of Sessions Case No. 254 of 2007. Criminal Revision Application No. 326 of 2009 was registered by way of suo motu proceedings pursuant to the order dated 05.05.2009 passed by this Court to show cause as to why the quantum of punishment imposed by the trial court should not be enhanced.

(2.) THE brief facts of the prosecution case are that the accused suspected that the complainant was in an illicit relationship with the mother of accused no. 1 and wife of accused no. 2 and therefore there used to be frequent quarrel between the complainant and the accused. On 26.06.2007, when the son of complainant was urinating near the house of the accused, the mother of the appellant passed from there and the appellant had slapped the son of complainant. Therefore, the complainant went to question the appellant for his conduct at the appellant s house. It is further the case of the prosecution that appellant took out a dharia and original accused no. 2 took out an axe and inflicted dharia and axe blows on the complainant. A complaint was therefore lodged by the complainant.

(3.) MS . Chetna M. Shah, learned APP appearing for the State has submitted that the trial court committed an error in releasing the accused no. 2. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.