RAKESH @ JALIMSING NATHU SAHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned 6th Additional Sessions Judge, Surat dated 10th July 2009 passed in Sessions Case No.120 of 2008.

(2.) THE appellant was put to trial for the offences punishable under Sections 302, 352 and 188 of Indian Penal Code and he came to be convicted for these offences under Section 235(2) of the Code of Criminal Procedure and is directed to suffer imprisonment as under: <FRM>JUDGEMENT_217_LAWS(GJH)7_20141.htm</FRM>

(3.) THE brief resume of the prosecution case as emerging from the evidence led before the lower Court is that on 15th February 2008 at about 13.30 hours the appellant attacked deceased Shankarbhai R Sonar and inflicted injuries on various parts of the body by means of wooden plank on the suspicion that the deceased got the appellant arrested by the police and thereby committed an offence punishable under Section 302 of IPC. Moreover, when the complainant Yogesh Shankarbhai Solanki tried to catch the appellant, the appellant ran away leaving behind the wooden plank and thereby committed an offence punishable under Section 352 of the IPC. The complaint in respect of this incident came to be lodged with Pandesar Police Station vide C.R.No.I 65 of 2008 for the offences punishable under Sections 302, 352 and 188 of the Indian Penal Code by Yogesh Shankarbhai Solanki.