AMITKUMAR @ DATTO SOMABHAI CHAUHAN 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 20.01.2012 passed by the learned Second Additional Sessions Judge, Nadiad, in Sessions Case No.37 of 2011. The said case was registered against the appellant original accused for the offences punishable under Sections 302 and 504 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for seven years and fine of Rs.5000/ , in default, R.I. for six months for the offence punishable under Sections 304 Part 2 of the Indian Penal Code. He is further sentenced to undergo R.I. for one year and fine of Rs.2000/ , in default, R.I. for two months for the offence punishable under Sections 504 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, the complainant resides in Rohitvas, Opp. Bus Stand, Balasinor with his parents and maintains himself by doing labour work. On 27.11.2010, at about 12 30 hrs in night, when he was going to his house for taking meal from his shop of gas agency, Amitbhai Somabhai Chauhan of his street, met him on the way and asked him to give money as he wanted to consume liquor. On saying so, the complainant said that he do not have money. Therefore, the accused suddenly got provoked and abused him and taking out a knife from his sock, stabbed in his stomach below navel. Therefore, as he was bleeding heavily, he started shouting and as his elder brother Mukeshbhai and a person named Prashantbhai Jayantibhai Chauhan of his street arrived there, he was taken to Sonba Hospital at Sevaliya for treatment. As doctor was not present there, he was taken to New Life Hospital at Godhra and admitted for treatment. Hence, complaint in this regard was lodged.

(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.