VIJAYKUMAR DEVJIBHAI MOTHALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals are arising from the judgment and order dated 11.02.2009 passed by the learned Additional Sessions Judge, 4th Fast Track, Himmatnagar, Camp at Idar in Sessions Case No.37 of 2008, by which, the learned Additional Sessions Judge has been convicted the appellant- original accused No.1 of Criminal Appeal No.593 of 2009 under Section 307 of the Indian Penal Code and sentenced for 7 years R.I. with fine of Rs.1,500/- in default simple imprisonment for 6 months and order of acquittal granted in favour of respondents-original accused Nos.2 to 11 from the charges under Sections 307, 143, 147, 148, 149 of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(2.) THE brief facts arise from the record, are as under :

(3.) MR .Virendra Dave, learned advocate submitted that considering the depositions of three medical officers and say of the injured and his parent, it appears that the injured remain as an indoor patient for seven days. He submitted that though, the injured had sustained eight injuries, the person had sutained one fracture only. By taking me through the depositions of Dr.Piyushkumar P.W.-2, Exh.23, he submitted that though, the injured person had sustained several injuries, one of them was of serious nature. As per the deposition of injured himself P.W.9, Exh.41, the present appellant had given only one blow and, therefore, it can be said that there was no knowledge or intention on the part of the appellant-accused to commit murder as defined under Section 307 of the Indian Penal Code. In support of his submission, he has taken me through the depositions of injured Jitendrabhai Asari P.W.-9, Exh.41 and submitted that the appellant had given one blow on the head. He further submitted that considering overall facts and circumstances of the case, namely, one blow given by the appellant, his treatment in the hospital for 7 days, etc., the sentence imposed by the Trial Court may be reduced.