GOVINDSINH BHAGUSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These three appeals arise out of the same judgment and order dated 30-7-2009 passed by the learned Additional Sessions Judge, Fast Track Court No.2, City Civil Court, Ahmedabad, in Sessions Case No.212 of 2006 whereby the original accused No.1 was convicted and sentenced to undergo RI for three years with fine of Rs.2,500/-, in default, to suffer further SI for six months for the offence punishable under section 326 of Indian Penal Code (hereinafter referred to as "IPC" for short). Original accused Nos.2 to 4 were acquitted of all the offences charged against them. Criminal Appeal No.1547 of 2009 has been filed by the original accused No.1 against his conviction for the offence charged under Section 326 of IPC. Criminal Appeal No.2357 of 2009 has been filed by the State against acquittal of original accused Nos.2 to 4. Whereas Criminal Appeal No.2361 of 2009 has been filed by the State for enhancement of sentence imposed on the original accused No.1 for the offence charged under Section 326 of IPC.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant Niteshkumar @ Ramo Natvarlal Chavda on 25-8-2004 alleging inter alia that pursuant to a fight the injured witness Jashbirsingh had with the present accused persons on 3-8-2004, when the complainant was standing near Ashish Pan Parlour with his friend Jashbirsing on 24-8-2004 at about 11.30 a.m., the accused No.1 armed with sword and accused Nos.2 to 4 armed with knives came there on motor cycle and they inflicted blows with sword and knives to Jashbirsing on his back. When the complainant tried to intervene, he was also attacked by Rajusinh with sword and thereby the accused have committed offence punishable under Sections 307 read with section 114 of IPC and sectin 135(1) of Bombay Police Act. Upon filing of the complaint, the police started investigation and at the end of investigation, charge sheet was filed before the Court of learned Metropolitan Magistrate, Ahmedabad.

(3.) Heard learned advocates, Mr.Ashish M. Dagli for the original accused No.1, Mr.M.T.Mishra for Mr.U.T.Mishra for the original accused No.3 and learned APP, Mr.L.R.Pujari for the State in all the appeals.