MANUBHAI SOMABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Additional Sessions Judge, Morbi dated 07.10.1995 in Sessions Case No.1 of 1989, 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.200/ - in default, to further undergo simple imprisonment for 15 days.

(2.) THE brief facts of the prosecution case are that a complaint was lodged being IC.R.No.19/1988 with Vankaner Police Station, wherein complainant -Ratanben wife of Ambaram Koli was residing with her husband at Lunsariya Taluka, Vankaner Village and was doing household work. It is further the case of the prosecution that when the complainant and her daughter returned to their home, all the accused persons stopped them by saying that "tamo tamri vadi muki bhagi jav" and they gave foul abuses to the complainant and her daughter. It is further case of the prosecution that original accused no.4 - Koli Manu Soma i.e. present appellant inflicted knife blows on the complainant and her daughter. Thereafter, they were admitted in the hospital.

(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 Additional Sessions Judge, Morbi, which was, thereafter, numbered as Sessions Case No.1 of 1989.