SENMA MANGALBHAI MOTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellants - original accused Nos.1 and 2 under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dtd. 29/7/2019 passed by the learned Sessions Judge, Mehsana in Sessions Case No.115 of 2017, whereby, the learned Trial Judge has convicted the present appellant No.1 for the offence punishable under Sec. 323 of the Indian Penal Code, 1860 for a period of one year rigorous imprisonment and a fine of Rs.1,000.00 and in default of payment of fine, to undergo further simple imprisonment for one month. The learned Trial Judge has convicted the appellant No.2 for the offence punishable under Sec. 324 of the Indian Penal Code, 1860 for a period of two years rigorous imprisonment and a fine of Rs.2,000.00 and in default of payment of fine, to undergo further simple imprisonment for two months. However, the learned Trial Judge was pleased to acquit the appellant No.1 from the offence punishable under Ss. 147, 148, 149, 324, 504, 506(2) of the Indian Penal Code. The learned Trial Judge was further pleased to acquit the appellant No.2 from the offence punishable under Ss. 147, 148, 149, 323, 504, 506(2) of the Indian Penal Code. The learned Trial Judge was pleased to acquit the original accused Nos.3, 4 and 5 from all the charges levelled against them.

(2.) The case of the prosecution briefly is that, on 8/6/2017, at about 7 o'clock, the father of the complainant namely Gafurbhai had reached at the residential house of the appellants and had asked the appellant No.1 that he had not received entire amount of sale consideration of land which was sold through him. As a result, it is alleged that the appellant - accused got excited and informed Gafurbhai that amount is already paid to him but Gafurbhai insisted for the outstanding amount and therefore, the appellant No.1 got excited and started using filthy language. Thereafter, the appellant No.1 gave kick and fist blow to Gafurbhai and other accused persons formed unlawful assembly and the appellant No.2 herein inflicted an injury on the head with the aid of stick. Therefore, the criminal complaint came to be registered before Bavlu Police Station being C.R. No.I-38 of 2017.

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of conviction, the appellants - accused have preferred the present appeal alongwith Criminal Misc. Application No.1 of 2019 for suspension of sentence before this Court. The appeal came to be admitted by the Co-ordinate Bench of this Court vide order dtd. 9/8/2019 and the conviction imposed by the Trial Court came to be suspended vide order dtd. 9/8/2019 and therefore, the appellants were enlarged on bail during the pendency of the appeal.