AJITBHAI MANUBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal is directed against judgment and order dated 03.02.2009 passed by learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 185 of 2007 and Sessions Case No. 304 of 2007 decided together in which two accused persons were tried together in respect of offences punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 and Section 135 of the Bombay Police Act. 1.1 The accused were father and son respectively. Accused No.1fatherMansukhbhai @ Manubhai Harjibhai Solanki came to be acquitted as per judgment and order of learned Additional Sessions Judge, whereas accused No.2present appellant came to be convicted for the said offences and was sentenced to rigorous imprisonment for 10 years and to pay fine of Rs.5000/ and in default of payment of fine, to undergo further rigorous imprisonment for 2 years in respect of conviction recorded under Section 307 read with Section 34, IPC. For conviction recorded against the appellant under Section 135 of the Bombay Police Act, he was sentenced to rigorous imprisonment for 1 year and was required to pay fine of Rs.1000/ and in default of payment of fine, to undergo simple imprisonment for further 3 months.

(2.) THE prosecution case revealed from the complaint (Exh.15) filed by brother of the victim was inter alia that the victim was one of five sisters. She was studying in 9th standard in the school and in those days, in the morning hours, she was taking her examination. The appellantaccused had been staying nearby in the same society with his family. Original accused No.1 happens to be father of original accused No.2appellant herein. Accused No.2 used to harass the victim according to the complainant. It was alleged that he was in love with her. Father of the girl had even scolded the appellant in past. On the day of incident, that is, on 11.04.2008, the victim started to go to school at about 7 hours in the morning and father and other family members had been standing near their house reading newspaper. The appellant appeared all of a sudden and attacked father of the victim and inflicted wound on his face by using a sword. As a result of which, father of the victim fell down and started bleeding. The appellant ran away, but while fleeing, he uttered that he had also assaulted the girl nearby the Hospital of one Dr. Brijesh Shah; he threatened that he would kill everybody in the family. Accordingly, the appellant was charged for the offence under Section 307 read with Section 34, IPC and also for the offence under Section 135 of the Bombay Police Act for assaulting and injuring the victim girl and her father.

(3.) THE complaint was registered as First Information Report being First Crime Register No. 140 of 2007. The chargesheet was filed and the case was committed to the Court of Sessions, wherein it came to be registered as Sessions Case No. 185 of 2007 and Sessions Case No. 304 of 2007.