PURSHOTTAMBHAI PREMABHAI TANDEL Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dtd. 15/6/2005 passed by learned Sessions Judge, Navsari in Sessions Case No. 10 of 2005 in this appeal whereby learned Sessions Judge has been pleased to convict the accused and imposed the sentence upon them to undergo life imprisonment and fine of Rs.1000.00 for the offences punishable under Sec. 147, 148, 337, 338, 302 read with Sec 149 of IPC and Sec 135 of Bombay Police Act, in default, to undergo further three months simple imprisonment. Accused No. 5 is also convicted for the offence punishable under Sec 506(2) of IPC and ordered to undergo two years rigorous imprisonment and fine of Rs.1000.00, in default, further six months simple imprisonment and sentence upon accused No. 5 are ordered to run concurrently.

(2.) The broad facts of the case are that on 9/11/2004 at about 17.30 hours, the accused assembled unlawfully at Hanuman Faliya, Mouje Ojal Machhivad and in collusion with one another with an intention to succeed in their design, the deceased keeping suspicion on his wife - Naynaben @ Nutanben that she was in love affair with other person and, therefore, extended harassment and caused injuries with iron rod and, therefore, the accused got angry and tied the deceased with the banyan tree unlawfully, pelted bricks, stones and lime stones on him and caused injuries and ultimately caused the death, threatened the witnesses to done to death and committed breach of the notification and, thereby committed the offences, as alleged and hence, they were charged for the offences punishable under Sec. 147, 148, 337, 338, 302 read with Sec 149 of IPC and Sec 135 of Bombay Police Act.

(3.) Therefore, FIR bearing CR No. I - 108 of 2004 came to be registered before the Jalalpore Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused which was numbered as Criminal Case No. 931 of 2005.