STATE OF GUJARAT Vs. RANABHAI KARSANBHAI ODEDARA

JUDGEMENT

(1.) By way of this appeal, the appellantState of Gujarat has challenged the judgment and order of conviction and sentence dated 18.07.2012, rendered by the learned District and Sessions Judge, Porbandar, in Sessions Case No.46 of 2010, whereby the respondentoriginal accused has been convicted for the offences punishable under Sections 307 of the Indian Penal Code in the alternate under Section 325 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for thirty months with fine of Rs.1,000/ in default of payment of fine, simple imprisonment for one month. The original accused was given the benefit of set off.

(2.) The facts of this case are that the complainant is the wife of the original accusedrespondent herein. The relation between the original accused and the complainant was stated to be strained and th6erefore, the complainant along with three children was staying in her brother's house. It is the case of the prosecution that on 2.11.2006 at about 1:30 pm. the accused came to the house of the complainant and asked for her daughter to take with him, to which the complainant denied. As a result thereof, the accused gave two blows with knife on the back of the complainant and fled away. Thereafter, she was taken to the hospital, where injured had undergone the treatment for his injuries. A complaint in respect of this incident was lodged by the complainantHiriben Rananbhai, wife of the accused.

(3.) The investigation was taken up and after usual investigation, chargesheet came to be filed against the accused person. The offence committed by the accused person were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Porbandar under Section 209 of the Code, where it was registered as Sessions case No.46 of 2010. Charge vide Exhibit9 came to be framed against the accused person. He pleaded not guilty and claimed to be tried.