NARBHERAM SAVJIBHAI SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE accused, who tried to inflict injury on the victim and who came to be arraigned as an accused for the offence punishable under Section 307 of the IPC, has preferred the present appeal, challenging the judgment and order of the learned Additional Sessions Judge, Fast Track Court, Deesa (for short, 'the trial Court'), Dated : 30.12.2009, whereby, the trial Court convicted the accused for the aforesaid offence and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.25,000/ - and in default to undergo further rigorous imprisonment for one year.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 30.01.2004, since, one Kalabhai, the uncle -in -law of the elder brother of the complainant, had expired, the complainant and others had gone to Lakhni village. In the evening, at about 06:00 p.m., while the brother of the complainant and other relatives were sitting and talking in the veranda of Kalabhai and as they stand -up to have supper, the accused, herein, who happened to be the co -brother of the accused, came there and inflicted a knife blow. On account of that the victim sustained grave injury and he was, firstly, taken to the Hospital at Palanpur and from there to Ahmedabad. The complainant, hence, lodged a complaint with Police. On registration of the complaint, police carried out investigation into the alleged offence and on finding sufficient evidence, lodged charge -sheet against the accused. Since, the accused did not plead guilty, the trial was conducted.

(3.) AT the time of trial, in order to prove its case, the prosecution examined the following witnesses; ORAL EVIDENCE