JELUBHAI BHIKHABHAI VARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal was filed by the appellants under Sec. 374(2) of the Code of Criminal Procedure, 1973, (for short 'Cr.P.C.') against the judgment dtd. 20/3/2003, by which the Additional Sessions Judge, Fast Track Court, Amreli in Sessions Case No.41 of 2002, convicted all the appellants under Ss. 325 read with Sec. 34 of the Indian Penal Code (for short "IPC") and sentenced them for three years and six months rigorous imprisonment with fine of Rs.10,000.00 and in default of payment of fine further six months simple imprisonment, and for the offence under Sec. 506(1) read with Sec. 34 IPC, the appellants were sentenced to undergo rigorous imprisonment for one year. The fine amount was ordered to be paid to the dependants of deceased.

(2.) The facts of the case, as could be gathered from the record states that on 24/11/2001, Mohanbhai Raghavbhai gave a complaint against the appellants alleging that appellant accused No.2 - Jayraj alias Jayubhai Gorakhbhai Vara being armed with iron pipe and other appellants assaulted deceased - Laljibhai Virabhai. It is alleged in the complaint that appellant accused No.3 - Dadubhai Matrabhai Dhandhal had squeezed the testicles of the deceased - Laljibhai Virabhai and thereby he succumbed to the injuries.

(3.) The appellants were four in number, who were convicted by the Additional Sessions Judge, Fast Track Court. During the pendency of the appeal, since accused No.1, 3 and 4 were deceased, the appeal stood abated against them. Hence, the present appeal is proceeded by appellant No.2.