STATE OF GUJARAT Vs. IBRAHIM @ ABU DAUD SUDHANIYA

JUDGEMENT

(1.) Under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the appeal has been filed against the judgment and order of acquittal passed by the learned Sessions Court, Jamnagar in Sessions Case No.108 of 1996 dtd. 8/8/1997.

(2.) Two accused faced the trial and after completion of charge, the learned Sessions Judge came to the conclusion that the accused No.2 - Razak @ Raju Bachu Bhagad had voluntarily caused hurt to Abbas Ibrahim (P.W.3) and therefore, he was convicted for the offence under Sec. 323 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), while was acquitted for the offence punishable under Sec. 504 of the IPC. The learned Sessions Court acquitted both the accused for the offence punishable under Sec. 302 read with Sec. 32/114 of the IPC. Further, accused No.2 was also acquitted for the offence punishable under Sec. 324 of the IPC.

(3.) On hearing the accused No.2 for the offence punishable under Ss. 323 of the IPC, the learned Sessions Judge sentenced him to suffer simple imprisonment for a period of six months and to pay a fine of Rs.5,000.00 and in default of payment of fine, accused No.2 to suffer simple imprisonment for a period of further two months. The learned Sessions Judge entitled accused No.2 to have set off for the period undergone by the investigation, inquiry, trial of the case against the sentence imposed, as provided under Sec. 428 of the Cr.P.C. Thus, accused No.1 was set at liberty.