GORDHANBHAI VIRJIBHAI ROY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellants are original accused Nos.1 and 3 of the Sessions trial conducted by the 3rd Additional Sessions Judge, Fast Track Court, Bhavnagar, whereby on 13/8/2003 in Sessions Case No.165/1999, the appellants came to be convicted under Sec. 307 read with Sec. 34 of the Indian Penal Code (for short 'I.P.C.') for five years rigorous imprisonment with fine of Rs.1,000.00 each and in default of payment, further fifteen days simple imprisonment, and under Sec. 452 read with Sec. 34 of I.P.C., one year rigorous imprisonment with fine of Rs.1,000.00 each and in default of payment of fine further fifteen days simple imprisonment. The appellants were acquitted for the charge under Sec. 323 I.P.C.

(2.) The charge was framed below Exh.7, wherein it was laid down that on 22/9/1998 at around 6:00 in the morning, with the intention to assault original complainant - Tulsibhai Thakarshibhai, all accused had entered into the property owned by Popatbhai Parsotambhai, which was in possession of the complainant, had committed an offence under Sec. 452 read with Sec. 34 of the I.P.C.

(3.) Learned advocate Mr. L.R. Pathan for the appellants submitted that the appellants and the complainant are dealing in the business of transportation and running luxury buses between Gariyadhar and Bapunagar and the offices of both the parties are situated opposite each other at Gariyadhar. It is contended, the appellants had not committed any offence, they were falsely implicated.