VISA @ VASUR RAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.208 of 2006 has been preferred by the original accused No.1 against the judgment and order dated 31-12-2005 passed by the learned Presiding Officer, Fast Track Court No.5, Rajkot, in Sessions Case No.141 of 2003 whereby the original accused No.1 was convicted and sentenced to undergo RI for five years and fine of Rs.300/-, in default, to suffer further imprisonment for five days for the offence punishable under section 307 and SI for one month and fine of Rs.100/-, in default, to suffer further imprisonment for a day for the offence punishable under sections 25(1-A) and 25(1-B) of the Arms Act. However, no separate sentence was awarded under sections 37(1) and 135 of Bombay Police Act. Accused was given benefit of set off for the period already undergone in jail. Original accused No.2 was acquitted of the charges levelled against him. Whereas Criminal Appeal No.1466 of 2006 has been filed by the State against the same judgment and order of conviction and sentence dated 31-12-2005 passed by the learned Presiding Officer, Fast Track Court No.5, Rajkot, in Sessions Case No.141 of 2003 for enhancement of sentence.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant Najabhai Keshabhai with Vichhiya Police Station being I.C.R.No.I-45 of 2002 for the offences punishable under Section 307 read with section 114 of Indian Penal Code, Sections 25(1-A) and 25(1-B) of Arms Act and Sections 37(1) and 135 of Bombay Police Act alleging inter alia that on 12-9-2002 at about 5 p.m., when the complainant along with his brother Jayantibhai was roasting maize in his field situated at Village Dadavi, original accused No.1-Vasa @ Vasur Ramabhai came there and demanded maize from the brother of the complainant and it was given to the accused. However, since the accused was asked why he was looking with bad intention at the daughter of the complainant, the accused took out fire arm and attacked on the complainant on his right side chest and on neck inflicting serious injuries. The complainant was admitted in Vichhiya hospital for treatment and thereafter, he was referred to Rajkot Madhuram Hospital for further better treatment. Upon filing of the complaint, police started investigation and at the end of investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class, Rajkot.

(3.) Heard learned APP, Mr.L.R.Pujari for the appellant-State. However, learned advocate, Mr.Dhavan Vyas has retired from the matter. Learned advocate, Mr.Shailesh Raval has thought it fit not to assist the court. However, as these appeals are of the year 2006, we have taken the assistance of learned APP.