STATE OF GUJARAT Vs. SAGRAMBHAI BHAVANBHAI BHIL

JUDGEMENT

(1.) All these appeals are preferred against judgment and order 28-29.11.2006 passed by learned Additional Sessions Judge, Bhavnagar, Camp-Mahuva, in Sessions Case No.142 of 2005. By the said judgment, accused no.1 was acquitted from the charges of offences punishable under Sections 323, 504 read with Section 114 of IPC, while accused nos.2 and 3 were acquitted from the charges of offences punishable under Sections 323, 324, 326, 504 and 114 of IPC. By the impugned judgment, accused no.1 was convicted for offence punishable under Section 326 of IPC and ordered to undergo seven days' simple imprisonment with fine of Rs.500/- and, in default of payment of fine, further imprisonment of seven days was imposed. Accused no.1 was also convicted for offence punishable under Section 324 of IPC and ordered to pay fine of Rs.500/- and, in default of payment of fine, simple imprisonment of seven days was imposed and for offence punishable under Section 135 of the Bombay Police Act, the accused no.1 was ordered to undergo seven days' simple imprisonment. All the sentences were to run concurrently.

(2.) As both these appeals are arising out of the same judgment and since the evidence is common in these appeals, the same are taken up for hearing together.

(3.) The case of the prosecution is that complainant, Somatbhai Narayanbhai Koli, lodged a complaint before Datha Police Station stating that on 15.4.2005, at about 8 p.m. Sagrambhai and his son Rukhad and daughter Sonal and husband of Sonal were giving abuses to the complainant's family and suddenly Sagrambhai inflicted Raap blow on the head of the complainant and blood started oozing out from his head and inflicted another raap blow on the left elbow. Accused no.2, Rukhad inflicted pipe blow on the head of Narayanbhai, who is father of the complainant and also inflicted another pipe blow on his lips. Accused no.3 inflicted iron pipe blow on the head of Dinesh, the younger brother of the complainant. However, on shouting of the complainant and his family members, the persons of neighbouring vadi and his uncle Bhupatbhai came at the scene of the offence and saved them further from assault. Accordingly, for the said alleged offence, a complaint came to be lodged.