HIRABHAI MAGANBHAI KOLI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned 4th Additional Sessions Judge, Jamnagar dated 21.12.2013 in Sessions Case No.60 of 2010, whereby the appellant -original accused came to be convicted under Section 307 of the Indian Penal Code (for short "IPC") and was directed to suffer rigorous imprisonment for 5 years with fine of Rs.1,000/ - in default, to further undergo simple imprisonment for 1 month and also the appellant came to be convicted under aof the IPC and was directed to suffer simple imprisonment for 1 year with fine of Rs.500/ - in default, to further undergo simple imprisonment for 15 days.

(2.) THE brief facts of the prosecution case are that the complainant Hasinaben @ Kanuben wife of Virji Merambhai Makwana, resident of Uthbeth Shampar, Tal: Jodiya, Dist; Jamnagar. It is the case of the prosecution that marriage of the complainant was solemnized with Virjibhai resident of Rajkot. Husband of the complainant was doing business of truck driving. It is further case of the prosecution that before two years, her husband and Hira Magan Makwana were driving the truck of Rameshbhai Patidar as driver and cleaner respectively. Before one and half years, Rs.40,000/ - was stolen from the truck of Rameshbhai and for the purpose, dispute took place between the husband of the complainant and Hira Magan and thereafter, they separated. It is further case of the prosecution that thereafter, Hira Magan called husband of the complainant and gave filthy abuses to him very often. On 28.01.2009, when the complainant and her husband were taking dinner, at that time, Hira Magan along with one person came there and inflicted knife blow on the backside of the husband of the complainant and thereafter, he inflicted knife blow on the forehead and ran away from the said place. It is further case of the prosecution that thereafter, husband of the complainant immediately shifted to hospital for treatment. As a result of which, the complaint being I -C.R.No.4/2009 was filed by the complainant with Jodiya Police Station against the accused for the offences punishable under Sections 307 and 452 of IPC and Section 135(1) of the Bombay Police Act

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned 4th Additional Sessions Judge, Jamnagar, which was, thereafter, numbered as Sessions Case No.60 of 2010.