THAKOR NAGJIBHAI CHANDUJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 15/01/2002, passed by the learned Sessions Judge, Mahesana in Sessions Case No. 106 of 2001, whereby, the appellant herein - original accused came to be convicted for the offence punishable under Section 326 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment (RI) for five years and a fine of Rs.1,000/ and in default of payment of fine, to undergo further RI for three months. He was given benefit of set off for the period he had already undergone.

(2.) Brief facts of the prosecution case are that on 15/12/2000 at about 4:00 p.m. or thereabout, on Mahesana highway, opposite Shilpa garage, when injured Udalsingh was there at his lorry, the appellant - accused allegedly came by his bicycle and asked him to reset the chain of his bicycle for which the injured tried but failed and hence, the appellant - accused got excited and assaulted him by the knife possessed by him on the upper side of the stomach of the injured and thereby, caused severe injuries to him. The appellant - accused, thus, committed the offence alleged against him, for which a complaint came to be lodged.

(3.) Heard learned advocate Mr. Yogendra Thakore for Mr. Archit Jani, the learned advocate for the appellant - original accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor, for the respondent State.