MAHADEV MOPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a revision petition filed by original accused Nos. 1 to 4 against the order of conviction and sentences passed against them in Criminal Appeal No. 36 of 1972 by the learned Sessions Judge Ahmedabad (Rural) at Narol.

(2.) All the four petitioners were tried by the learned Judicial Magistrate First Class Viramgam for offences punishable under secs. 435 447 323 and 324 of the Indian Penal Code. That case was registered as Criminal Case No. 259 of 1972. The learned Magistrate convicted them of the offences punishable under secs. 447 435 324 and 323 all read with sec. 114 of the Indian Penal Code. Each of them was sentenced to suffer two months rigorous imprisonment and to pay a fine of Rs. 200.00 and in default of payment of fine to undergo 15 days further rigorous imprisonment for the offence punishable under sec. 447 read with sec. 114 of the Indian Penal Code. Each of them was sentenced to suffer one years rigorous imprisonment and to pay a fine of Rs. 300.00 and in default of payment of fine to undergo two months further rigorous imprisonment for the offence punishable under sec. 435 read with sec. 114 of the Indian Penal Code. Each of them was sentenced to suffer six months rigorous imprisonment and to pay a fine of Rs. 200.00 and in default of payment of fine to undergo one months further rigorous imprisonment for the offence punishable under sec. 324 read with sec. 114 of the Indian Penal Code. Each of them was also sentenced to suffer two months rigorous imprisonment and to pay a fine of Rs. 100/and in default of payment of fine to undergo 15 days further rigorous imprisonment for the offence punishable under sec. 323 read with sec. 114 of the Indian Penal Code. All the substantive sentences were ordered to run concurrently.

(3.) In the appeal that was filed by the petitioners in the Sessions Court the learned Sessions Judge recorded a finding that the order of conviction under sec. 114 of the Indian Penal Code passed against the petitioners was not proper. He recorded a finding that original accused Nos. 1 and 3 i.e. petitioners Nos. 1 and 3 are guiity of offence punishable under sec. 323 of the Indian Penal Code and original accused Nos. 2 and 4 i.e. petitioners Nos. 2 and 4 are guilty of offence punishable under sec. 324 of the Indian Penal Code. He therefore partly allowed the appeal and altered the order of conviction and sentences passed against the petitioners and convicted petitioners Nos. 1 and 3 of the offence punishable under sec. 323 of the Indian Penal Code for causing hurt to complainant Mahadev Haribhai and witness Ganda Hira and sentenced each of them to suffer one months rigorous imprisonment and to pay a fine Rs. 100.00 and in default of payment of fine to undergo 7 days further rigorous imprisonment. He convicted petitioners Nos. 2 and 4 of the offence punishable under sec. 324 of the Indian Penal Code for having caused injuries with a sharp cutting instrument like a Dharia to the complainant and sentenced each of them to suffer three months rigorous imprisonment and to pay a fine of Rs. 200.00 and in default of payment of fine to undergo 15 days further rigorous imprisonment. Their conviction under sec. 447 and 435 both read with sec. 114 of the Indian Penal Code was set aside. They were ordered to surrender to bail and serve out their sentences.