STATE OF GUJARAT Vs. BHARVAD GOKALBHAI BHEMABHAI

JUDGEMENT

(1.) Having been sentenced to ten years' simple imprisonment and fine of Rs. 2000/-, in default, simple imprisonment for one year for the offence under section 307 of Indian Penal Code and simple imprisonment for one year and fine of Rs. 500/-, in default, simple imprisonment for three months under section 324 of Indian Penal Code and simple imprisonment for four months and fine of Rs. 100/-, in default, simple imprisonment for one month under section 135 of B.P. Act by impugned judgement and order dated 29.12.2009 passed by the learned Additional Sessions Judge, Patan in Sessions Case No. 60 of 2007, original accused no. 1 Haribhai Bhemabhai Bharwad, being aggrieved, is before this Court questioning the impugned judgment and order by way of filing Criminal Appeal No. 366 of 2010.

(2.) On the other hand, State of Gujarat has preferred Criminal Appeal No. 535 of 2010 questioning the acquittal of original accused no. 2 under sections 307, 323, 324, 504 & 114 of Indian Penal Code as well as section 135 of B.P. Act vide impugned judgment and order dated 29.12.2009 passed by the learned Additional Sessions Judge, Patan in Sessions Case No. 60 of 2007.

(3.) It is the case of the prosecution that a complaint was filed by one Jagabhai Bhemabhai Thakore on 06.04.2007 that in the early morning hours of 06.04.2007, while he was sitting at the bus stop, he saw his father, mother and brother coming rushing from his house and going towards their farm. On asking them, they informed that when his brother Kanu and his wife were working in the field, original accused no. 1 had sent his buffaloes to their field for grazing. As the complainant's brother asked accused no. 1 to take away his buffaloes, accused no. 1 hit Kanu with a stick and therefore they were going to scold accused no. 1.