THAKOR SAHDEVJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The accused has preferred this appeal under Sec. 374(2) of the Criminal Procedure Code, 1973 against the judgment and order of conviction dtd. 27/2/2007 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Patan (hereinafter be referred to as "the trial Court") in Sessions Case No. 16 of 2005, whereby present appellant (accused) has been convicted for the offence punishable under Sec. 307 of the Indian Penal Code and directed him to undergo sentence of rigorous imprisonment of four years for the said offence with fine of Rs.1,000.00 and in default of payment of fine, to undergo simple imprisonment for one month.

(2.) The case of the prosecution briefly is that on 27/7/2004 at about 8.00 a.m., son of complainant Prakashji left for Sidhdhpur, at that time, the two persons i.e. accused ran behind Prakashji and inflicted a blow of dharia on back side of the head of Prakashji, by the appellant and Prakashji fell down and, thereafter, the accused persons ran away. That Prakashji became unconscious and he was taken to the Civil Hospital, Sidhdhpur and, thereafter, referred to the Civil Hospital, Mehsana where the First Information Report being C.R.No.I - 115 of 2004 came to be lodged with Sidhdhpur Police Station for the offence punishable under Ss. 307 and 114 of the Indian Penal Code against the accused persons.

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of conviction, the appellant - accused has preferred the present appeal along with Criminal Misc. Application No.8588 of 2007 for suspension of sentence. The appeal came to be admitted by the Coordinate Bench of this Court vide order dtd. 12/3/2007. The Coordinate Bench of this Court allowed Criminal Misc. Application No.8588 of 2007 vide order dtd. 13/8/2007 and released the appellant on bail. The order dtd. 13/8/2007 reads thus:-