RAJUBHAI SAKHRAM PAWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 28.1.2011 passed by the learned Sessions Judge, Surat, in Sessions Case No.148 of 2008. The said case was registered against the appellant original accused for the offences punishable under Sections 304(1), 504 and 188 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for eight years and fine of Rs.1,60,000/ , in default, S.I. for two years for the offence punishable under Sections 304(1)of the Indian Penal Code. He is further sentenced to undergo R.I. for one year for the offence punishable under Sections 504 of the Indian Penal Code and the appellant is acquitted for the offene punishable under Section 188 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, at about 12 30 hrs in afternoon on 26.3.2008, when she was working in her house, uproar had taken place outside her house, in the street and therefore she rushed outside. At that time, an altercation was going on between her husband Ramsing and their neighbour Rajubhai Sakharam Pawar who was living in house No. 1003 and they were abusing each other. The complainant has further stated that hence she intervened and took her husband in the house whereas Rajubhai was taken in his house by his son Rahul. She has further stated that after some time, as Rajubhai again started shouting in front of their house, her husband again came out of the house. At that time, as Rajubhai Pawar gave a blow in stomach with a weapon like knife, her husband Ramsing sustained injury in stomach and it started bleeding. The complainant has further stated that intestine, at the part of stomach were visible. Therefore, she rushed to that place and the accused had run away after assaulting Rajubhai (sic). Thereafter, as Sukhdevbhai and Vijaybhai who were living in their street arrived there, her husband was admitted in New Civil Hospital for treatment. At the time of giving complaint, operation of her husband was going on in operation room. The complainant has given a complaint declaring such facts that keeping animosity regarding petty issues like throwing garbage and hanging clothes for drying, their neighbour accused Rajubhai Pawar abused her husband and caused severe injury with knife in the stomach and intestine to her husband.

(3.) ON the basis of above allegations, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, charge sheet came to be filed against him. As the case was sessions triable the same was committed to the Court of Sessions.