STATE OF GUJARAT Vs. KANJI VARSHI MAHESHWARI

JUDGEMENT

(1.) THIS appeal is filed by the State against the judgement and order dated 29.3.1993 rendered by learned Additional Sessions Judge, Kutch -Bhuj, in Sessions Case No.78/1990, whereby learned trial Court convicted the respondent accused for offence punishable under section 324 of the IPC and acquitted him for offence punishable under section 307 of the IPC.

(2.) THE prosecution case in brief is that on 14.7.1990 at about 17:15 hours, wife of the accused Kuvarben Kanji was going towards her parents house along with her friends. At that time, the accused Kanji Vershi was standing near the crossroads. The accused was having suspicion about the character of her wife. The accused took out the knife and gave one blow on the side of his wife Kuvarben, as a result of which she sustained injuries. It is alleged that thereby the accused has committed offence punishable under section 307 of the IPC. Charge exh.1/C was framed. It is further alleged that accused has committed offence punishable under section 135 of the Bombay Police Act.

(3.) THE prosecution examined 19 witnesses and produced the documentary evidence on record with a view to prove the charge against the accused. At the end of the trial, learned trial Court was of the opinion that the accused is involved in the commission of crime. However, looking to the evidence on record, learned trial Court believed that prosecution was able to prove case against the accused for commission of offence punishable under section 324 of the IPC and therefore, sentenced him to suffer simple imprisonment for a period of two years and eight months. Fine of Rs.1000/ - was also imposed. He was also convicted for offence under section 135 of the Bombay Police Act, and sentenced to undergo one month's simple imprisonment and fine of Rs.100/ - was awarded.