STATE OF GUJARAT Vs. THAKOR NADHAJI GAMAJI

JUDGEMENT

(1.) THE state of Gujarat has preferred Criminal Appeal No. 822 of 1994 under Section 11 of the Probation of Offenders Act, 1958, read with Section 376 of the Criminal Procedure Code, 1973 and has challenged the judgment and order dated 07.06.1994 passed by learned Additional Sessions Judge, Mehsana Camp at Patan in Sessions Case No. 229 of 1991 by which, the learned Additional Sessions Judge has exercised his powers under Section 360 of the Code and has given benefit of probation to the respondent accused and has directed to respondent accused to execute a bail bond of Rs. 2,000/- (Rupees Two Thousand Only) with one surety and has further directed to keep peace and good behaviour during the said period of two years, though the respondent accused are convicted for the offences under Section 332 of Indian Penal Code and sentenced for two years.

(2.) BY way of Criminal Appeal No. 823 of 1994, State of Gujarat under Section 378 of the Code, has challenged the judgment and order dated 07.06.1994 by which, all the respondents have been acquitted from the charges under Sections 352, 307, 186, 506(2) of the Indian Penal Code and under Section 135 of Bombay Police Act.

(3.) LEARNED APP Mr. Rawal, appearing for the appellant- State, submitted that the accused person had used a knife in the incident by giving a blow and committed an offence when police personal who was on the duty and were trying to arrest him for the illegal activities, therefore, the Trial Court ought not to have given benefit of probation when the knife was used and injury was sustained by the police personal. It was the case of Section 307, therefore, respondent accused persons ought not to have been acquitted for the said charges. He further submitted that the injured witness namely Jayesh Kumar who has been examined as PW1, Ex. 15 has categorically stated that the accused Thakore Nadhaji Gamaji has given knife blow, by which, he had sustained injury on the neck. The Trial Court, though ought not to have acquitted the accused for the said offence under Section 307 of the Indian Penal Code.