LAKHUBHAI JADAVBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1000 of 2011 and Criminal Appeal No. 1143 of 2011 are preferred against judgment and order dated 20.7.2011 passed by learned Additional Sessions Judge, Gondal in Sessions Case No. 111 of 2007. By the said judgment, the accused was convicted for the offence punishable under Section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and ordered to pay fine of Rs. 1,000/ - and, in default of payment of fine, simple imprisonment of one month was awarded. Criminal Appeal No. 1000 of 2011 is preferred by the accused against conviction, while Criminal Appeal No. 1143 of 2011 is preferred by the State for enhancement of sentence.

(2.) SO far as Criminal Appeal Nos. 1172 and 1176 of 2011 are concerned, they are preferred by the State against judgment and order dated 20.7.2011 passed by learned Additional Sessions Judge, in Sessions Case No. 61 of 2007. By the said judgment, accused No. 1 of the said case was convicted for offence punishable under Section 304, part -II and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 3,000/ - was imposed and, in default of payment of fine, he is ordered to undergo simple imprisonment of two months, while accused Nos. 2 to 4 have been acquitted of the charges levelled against them. Therefore, Criminal Appeal No. 1172 of 2011 is preferred for enhancement of sentence imposed upon accused No. 1 and Criminal Appeal No. 1176 of 2011 is preferred by the State against acquittal of accused Nos. 2 to 4. Though served, original accused No. 1, respondent of Criminal Appeal No. 1172 of 2011 has not appeared and it seems that he has accepted the order of conviction recorded against him as no appeal is filed by him against conviction.

(3.) THE case of the prosecution so far as Sessions Case No. 111 of 2007 is concerned is that on 24.12.2006, complainant -Champaben Gabhubhai Vaghela lodged a complaint alleging inter alia that when she was going with her husband nearby their house at that time her cousin brother -Lakhu Jadav came with scythe (Dharia), gave filthy abuses and tried to inflict a blow to her husband and as she came between them, she received injury by Dharia on her left leg and thereafter Lakhu Jadav threw a stone on her and thereby injured her head; at that time Devayat Bachu and her father came and saved them and at that time Jadav Bhana also received injury.