DASHRATHBHAI KARSANBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -ori. Accused has preferred Criminal Appeal No. 491/2010 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 28.1.2010 passed by the learned Addl. Sessions Judge, Fast Track Court No.2, Patan in Sessions Case No. 2/2008, whereby, the learned trial Judge has convicted the appellant under section 307 of IPC and sentenced to undergo R/I for five years and to pay a fine of Rs. 500/ -, in default to undergo S/I for three months. Criminal Appeal No. 740/2010 has been preferred by the State under section 378(1) of the Code of Criminal Procedure against the judgment and order of acquittal acquitting the respondent, which is impugned in these appeals. Since both the appeals arise from the same judgment and order of the trial Court, they are heard and decided by this common judgment.

(2.) 2.1 The case of the prosecution is that Thakor Chamanji Babaji (injured) has asked for his this some quarrel took place between the injured and the accused. In this quarrel, the appellant accused had given dhariya blow on the injured and subsequently he has taken to Harij Dispensary and for further treatment the injured has been taken to Civil Hospital, Ahmedabad. This fact has been narrated to the complainant (i.e. wife of the injured) by her son -in -law. Therefore, a complaint was lodged.

(3.) THEREAFTER , after examining the witnesses, further statement of the appellant -accused under sec. 313 of CrPC was recorded in which the appellant -accused has denied the case of the prosecution.