MAKWANA AJITSINH RATANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals assail the judgment and order 07/03/1995 passed by the learned Additional Sessions Judge, Surendranagar in Sessions Case No. 126 of 1991, whereby, while acquitting the original accused No. 1 of the charges levelled, the learned trial Judge was pleased to convict the original accused No. 2 Makwana Ajitsinh Ratansinh, the appellant of Criminal Appeal No. 190 of 1995, for the offence punishable under Sections 324 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment for six months. For the offence punishable under Section 326 of the IPC, he was sentenced to undergo rigorous imprisonment for three years and a fine of Rs.3,000/- and in default of payment of fine, to undergo, further imprisonment for six months. The sentences were to run concurrently. Accordingly, Criminal Appeal No. 513 of 1995 has been filed by the State for acquittal of the accused No. 2 for the offence punishable under Section 307 r/w. Section 114 of the IPC and Section 135 of the Bombay Police Act and Section 25(c) of the Arms Act, whereas, Criminal Appeal No. 190 of 1995 has been filed by the original accused against conviction.

(2.) Filtering the unnecessary details, the facts of the prosecution case are that on 25/06/1991 at about 11:45 p.m., in Wadhwan Village, in Kharva Pol, near cinema, when the complainant was sitting on the steps of a chakkar, the accused came there armed with deadly weapon by scooter; the accused No. 2 assaulted the complainant with sword and gave sword blows and caused serious injuries; the accused No. 1 pointed revolver upon the complainant and thereby, committed the alleged offence in the aid and abetment of each other, for which, a complaint came to be lodged against the accused for the offence punishable under Sections 307 r/w. 114 of the IPC, Section 135 of the Bombay Police Act and Section 25(c) of the Arms Act.

(3.) We have heard Mr. Umesh Trivedi, learned advocate for the original accused No. 2 and Ms. C. M. Shah, learned Additional Public Prosecutor, for the State.