STATE OF GUJARAT Vs. BHABHUTJI BHURAJI TANK

JUDGEMENT

(1.) Both these appeals arise out of the judgment and order passed in Sessions Case No. 278 of 1994 by the learned Sessions Judge, Court No. 1, Ahmedabad dated 30.12.1998 whereby, the respondent accused is convicted for the offences punishable u/s.324 and 332 IPC and is sentenced to undergo imprisonment for two years. However, the accused was acquitted for the offence u/s.504 IPC and Section 25(1)(c) of the Arms Act.

(2.) Criminal Appeal No. 306/1999 has been filed by State for enhancement of sentence whereas, Criminal Appeal No. 305/1999 has also been filed by State against the acquittal u/s.504 IPC and Section 25(1)(c) of Arms Act.

(3.) The facts in brief are that the complainant, Atulbhai Dinkarbhai Shukla and injured Pankajbhai Babubhai Shah and Bhikabhai Arjanbhai Vankar are the employees of Ahmedabad Municipal Corporation attached with the Estate Department. The complainant as well as injured Pankajbhai are serving as Inspectors and are mainly concerned with dealing with the question of illegal and unauthorized construction, encroachment on public streets, etc. On 02.06.1994 injured Pankaj was assigned some duty for removal of illegal construction on land bearing Final Plot No.227. At that time, the accused appeared at the spot and started quarreling with injured Pankaj. He picked up a hammer and attempted to give a blow with it but, accidentally, it hit Bhikabhai. Thereafter, the accused took out a Revolver and fired a shot at injured Pankaj, which hit Pankaj. The injured was taken to the Hospital. A complaint in this respect was lodged with Odhav Police Station vide IC. R. No.146 of 1994.