FARIDMAHAMMAD MALEKMAHAMMAD CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present revision application is filed under Sec. 397 read with Sec. 401 of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") challenging the correctness and validity of the judgment and order dtd. 7/10/2016 passed by the learned Sessions Judge, Patan (hereinafter referred to as "the Appellate Court") in Criminal Appeal No.29 of 2012, wherein the Appellate Court was pleased to dismiss the appeal and confirm the judgment and order dtd. 19/7/2012 passed by the learned Judicial Magistrate First Class, Radhanpur (hereinafter referred to as "the Trial Court") in Criminal Case No.733 of 2006, whereby applicant No.1 - original accused No.1 (hereinafter referred to as "the applicant No.1") was convicted for offences punishable under Ss. 326 and 114 of the Indian Penal Code (hereinafter referred to as "the IPC ") and sentenced for rigorous imprisonment of 30 months, whereas applicant No.2 - original accused No.4 (hereinafter referred to as "the applicant No.2") was convicted for offence punishable under Sec. 323 read with Sec. 114 of the IPC and sentenced to simple imprisonment of 3 months.

(2.) The brief facts leading to filing of the present revision application are that a complaint was lodged at about 4:00 p.m. on 24/4/2006, wherein the complainant, Famidaben, along with her younger sister, Faridaben, and sister-in-law was present at her house. Allegedly, on the said date and time, the applicant No.2 came and had a quarrel with the complainant and her relatives who were present in the house. During the course of altercation, applicant No.1 also intervened and took part in the quarrel. It is alleged that initially, applicant No.2 had beaten the original complainant and thereafter applicant No.1 intervened and assaulted the complainant with a knife. Looking to the nature of assault, another victim, Shabbirbhai also intervened and due to such intervention, applicant No.2 also gave a knife blow on the chest of second victim, i.e., Shabbirbhai. The knife blow was on the chest as well as the left hand and shoulder. In wake of such allegations, a First Information Report was lodged and registered before the Radhanpur Police Station, being C.R.No.I-63 of 2006 for the offence punishable under Ss. 326 , 324 , 323 , 504 , 506(2) and 114 of the IPC and Sec. 135 of the Bombay Police Act. Subsequent to the registration of First Information report, the charge-sheet came to be filed. The Trial Court registered the case as Criminal Case No.733 of 2006 and charges were framed for the offence punishable under Ss. 326 , 324 , 323 , 504 , 506(2) and 114 of the IPC and Sec. 135 of the Bombay Police Act. After recording of further statement of the accused under Sec. 313 of the Code and upon completion of the trial, the Trial Court convicted applicant Nos. 1 & 2 for offence under Sec. 326 and 114 of the IPC. Original Accused No.2 and 3 were acquitted.

(3.) Heard Mr. P. P. Majmudar for the applicants and Mr. Hardik Soni, learned Additional Public Prosecutor appearing for the respondent - State.