DESAI TEJABHAI KENGARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of these two appeals original accused in Sessions Case No.229 of 1995 and Sessions Case No.230 of 1995, have approached this Court against judgment and order of the learned Additional Sessions Judge, Camp at Patan, Mehsana, dated 11th August 1997, whereby the Trial Court has convicted the accused as under. Appellant in Criminal Appeal No.965 of 1997, viz. accused no.4 in Sessions Case No.229 of 1995, namely, Desai Tejabhai Kengarbhai is convicted to suffer rigorous imprisonment for life with fine of Rs.500/-. In default of payment of fine, to undergo rigorous imprisonment for 6 months.

(2.) Appellants in Criminal Appeal No.823 of 1997 - accused nos.1 and 2 in Sessions Case No.230 of 1995, namely, Desai Taljabhai Danabhai, and Desai Hamirbhai Ranabhai are convicted under section 323 read with section 114 of IPC to suffer simple imprisonment for 3 months with fine of Rs.100/-. In default of payment of fine to suffer further imprisonment for 15 days.

(3.) Desai Danabhai Virambhai, appellant no.3 in Criminal Appeal No.823 of 1997 has expired and the matter against him was abated by order dated 23.09.2015. Therefore, Criminal Appeal No.823 of 1997 survives only qua original appellants nos.1 and 2. 3. The case of the prosecution is that at 12.00 noon on 18.06.1995, all the accused together had come for some religious ceremony at Village Katra, along with sister of deceased-Ranabhai Jodhabhai. At that time, children of accused side were playing and were trying to turn bullock cart, which belonged to the prosecution side. The children were reprimanded. However, the accused got enraged and had started abusing the complainant.