STATE OF GUJARAT Vs. BHAVESH KANUBHAI PARMAR

JUDGEMENT

(1.) The present appeal has been preferred by the appellant ' State under Sec. 377 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') and is directed against the judgment and order of sentence dtd. 30/4/2012 passed by the learned 2nd Additional Sessions Judge, Vadodara, in Sessions Case No.154 of 2008.

(2.) By the aforesaid judgment and order of conviction and sentence, the trial court held the present respondents-accused guilty and convicted them for the offence punishable under Sec. 323 of the Indian Penal Code, and consequently, sentenced them to suffer simple imprisonment for one year along with a fine of Rs.500.00=00 and in default of payment of fine, to undergo further simple imprisonment for one month. However, the trial court acquitted the present respondents-accused from the charges levelled against them under Ss. 306, 504 and 114 of the Indian Penal Code as well as under Sec. 135 of the Bombay Police Act.

(3.) The case of the prosecution, in nutshell, is that on 22/10/2005 at about 8:00 p.m. at Ranchhodji Pole, Manjalpur, Vadodara, the accused persons had abused the complainant by hurling filthy language and thereafter the accused no.1 Bhaveshbhai had inflicted stick blows on the eye of the complainant, whereas the accused no.2 had inflicted stick blows on the head of the complainant. It is the case of the prosecution that since the incident had occurred on a public place, the complainant could not tolerate the insult and, therefore, he attempted to commit suicide by pouring kerosene and setting himself ablaze.