STATE OF GUJARAT Vs. RABARI JAYRAMBHAI LALLUBHAI

JUDGEMENT

(1.) THESE appeals arise out of judgment of the learned Additional Sessions Judge, Mehsana dated 27.5.2011 in Sessions Case No.143 of 2010. By the said judgment, sole accused tried in the sessions case was convicted for offence under section 326 of the Indian Penal Code and sentenced to 5 years rigourous imprisonment and fine of Rs.25,000/ -. He was also convicted for offence under section 506(1) of the Indian Penal Code and sentenced to rigourous imprisonment for one year and fine of Rs.1,000/ -.

(2.) BRIEFLY stated, the prosecution case was that accused Jairam Rabari was involved in a criminal case of assault of one Arvindbhai Shankarbhai Darji. Mukundbhai, elder brother of complainant Maheshbhai Vrajlal Barot had deposed against Jairam Rabari in such criminal case. Keeping grudge against such behaviour of Mukundbhai, accused Jairam Rabari on 24.5.2007 came to the shop of injured Anil Vrajlal (another brother of Mukundbhai) along with his accomplices, Bharat Chaudhary and Vipul Chaudhary on motorcycles. Jairam Rabari started shouting and assaulted Anil Vrujlal with knife causing serious injuries. Vipul Chaudhary at that time was wielding a sword daring anybody from interfering and Bharat Chaudhary gave kick blows to the injured.

(3.) THE present accused was absconding. Trial was thus conducted against other two accused. Trial of the present accused was separated. Ultimately, when he was arrested, Sessions Case No.143 of 2010 was conducted against him. Charge was framed at Ex.1 alleging that for the reasons mentioned above, he assaulted Anil Vrujlal on 24.5.07 with a knife and thus committed offence under section 307 as also under section 506(2) of the Indian Penal Code.