KOLI NATHABHAI MAVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both these appeals arise out of the same judgment and order of conviction and sentence passed by the learned trial Court, these appeals are being decided together by this common judgment.

(2.) CRIMINAL Appeal No. 772 of 2009 has been filed by the appellant, original accused No.1 against the judgment and order of conviction and sentence dated 19.12.2008, passed by the learned Additional Sessions Judge, Fast Track Court No.2, Bhavnagar at Mahuva in sessions Case No.12 of 1996, whereby the learned Trial Court has convicted the original accused No. 1 for the offences punishable under sections 304 part II, 504, 323 and 447 of the Indian Penal Code (for short "IPC") and under Section 135 of the Bombay Police Act. For conviction u/s. 304 Part II of the IPC, the appellant was sentenced to undergo rigorous imprisonment for ten years and fine of Rs.50,000/ and in default to pay the fine, he was ordered to undergo simple imprisonment for a further period of three years. For conviction u/s. 504 of the IPC, the appellant was sentenced to undergo rigorous imprisonment for one year and fine of Rs.2,000/ and in default to pay the fine, he was ordered to undergo simple imprisonment for a further period of one year. For conviction u/s. 323 of the IPC, the appellant was sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/ and in default to pay the fine, he was ordered to undergo simple imprisonment for a further period of one months. For conviction u/s. 447 of the IPC, the appellant was sentenced to undergo rigorous imprisonment for three months and fine of Rs.500/ and in default to pay the fine, he was ordered to undergo simple imprisonment for a further period of fifteen days. Whereas, for conviction u/s. 135 of Bombay Police Act, the appellant was sentenced to undergo rigorous imprisonment for four months and fine of Rs.500/ and in default to pay the fine, he was ordered to undergo simple imprisonment for a further period of one month. All the sentences were ordered to run concurrently. The appellant was also given the benefit of set off. The trial Court further directed that out of the total amount of fine that may be received from the accused, an amount of Rs.50,000/ ordered to be paid to the complainant Ganesh Gabha Chohan as compensation.

(3.) CRIMINAL Appeal No.201 of 2009 has been filed by appellant State against the judgment and order dated 19.12.2008, passed by the learned Additional Sessions Judge, Fast Track Court No.2, Bhavnagar at Mahuva in sessions Case No.12 of 1996, whereby the trial Court has acquitted the original accused Nos. 2, 3 and 4 of all the charges levelled against them. The short facts of this case are that the complainant Ganeshbhai Gabhabhai Chauhan was residing at village Kalsar Taluka Mahuva with his family. On 13.10.1995, in the night, the complainant took one tractor for rent from Triveni Sanstha, and complainant s son Rano and Zaver were doing work in the farm by tractor. The said tractor was driven by son of Bhana Bambhaliya. At about 1:00 hours, in the late night, the accused No.1 Natha Mavjibhai came armed with axe and started abusing the driver of the tractor. Thereafter the son of the complainant rescued him.