NARANBHAI KESHAVLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The above Criminal Appeals are Cross Appeals arising from a common incident where both the parties have sustained injuries, the offences came to be registered as First Information Report bearing I-C.R. No.511 of 2002 with Naranpura Police Station, Ahmedabad for the offences punishable under Sec. 323, 324, 294(b), 506(1) of the Indian Penal Code (IPC) and under Sec. 135 of the Bombay Police (B.P.) Act, and another cross complaint came to be registered as First Information Report bearing I-C.R. No.512 of 2002 with Naranpura Police Station, Ahmedabad for the offences punishable under Ss. 307, 324 and 114 of the IPC and under Sec. 135 of the B.P. Act.

(2.) The facts of the case suggest that on 23/9/2002 in the evening at about 6.15, there was a verbal altercation relating to parking of motor bike and the scuffle which took place had reached to an extent that one of the accused went into the house and brought a crow bar (Kosh) and gave a blow using the same to the other side. Both the sides sustained injuries in the said incident and therefore, the above complaints were filed before Police Station.

(3.) The charge was framed under Ss. 307, 324 and 114 of the IPC and under Sec. 135(1) of the B.P. Act and after the trial against three of them, the learned Additional Sessions Judge, Ahmedabad (Rural), Navrangpura ordered the conviction against the accused No.1 ' Naranbhai Keshavlal Patel under Sec. 324 of the IPC and under Sec. 135(1) of the B.P. Act and the accused No.2 and 3 were released under benefit of doubt. Against the conviction and sentence, Criminal Appeal No.1342 of 2004 was filed.