GIRISHCHANDRA PARSHOTTMDAS KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, seeking to assail the order of the learned Additional City Sessions Judge, Ahmedabad, Dated : 27.11.1997, rendered in Sessions Case No. 327 of 1993, whereby, the accused was convicted for the offence punishable under Section 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/ - and in default to undergo further rigorous imprisonment for two months and for the offence punishable under Section 135(A) of the Bombay Police Act to undergo rigorous imprisonment for one month.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original victim -cum -complainant - Ketankumar Ramanlal Khatri resides in House No.2244, Holi Chakla, Bhanderi Pole, Dariyapur, and he works in Advertisement Section of the 'Western Times' daily. It is stated in the complaint, that the complainant -Ketankumar was informed by his wife that the accused -appellant, herein, who resides in the same vicinity used to harass her in his absence. Hence, the complainant along with his wife went to the open place near the house of the accused to reprimand him. When they reached there, they found the accused standing there, talking to his two friends. When the complainant asked the accused, as to why he harasses his wife, the accused got angry and started hurling abuses at him. The accused, then, went into his house and came out with an iron pipe and delivered a blow on the head of the complainant, on account of that the complainant fell down and his wife started shouting. In the meantime, the accused went back into his house with the iron pipe. Then, the complainant was taken to the dispensary where he was treated and then, he lodged the complaint in question.

(3.) ON registration of the offence, police carried out the investigation and on finding sufficient evidence, they laid a charge -sheet against the accused -appellant, herein. At the time of trial, in order to prove its case, the prosecution examined the following witnesses; <FRM>JUDGEMENT_105_LAWS(GJH)1_2015.htm</FRM>