BANAJI @ KALUKHAN SAMBHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As Criminal Appeal as well as the Criminal Revision Application arise out of the same judgment and order, with the consent of learned advocates appearing for the respective parties, they were heard together and are being decided by this common judgment.

(2.) Both these Criminal Appeal and Criminal Revision Application arise out of judgment and order dated 14.2.2008 passed by the learned additional Sessions Judge, Dhrangadhra, in Sessions Case No.13 of 2005 whereby original accused were convicted and sentenced to suffer RI for one year and to pay fine of Rs.1,000/ - each, in default, to suffer further RI for one month for the offence punishable under section 147, RI for one year and to pay fine of Rs.1,000/ - each, in default, to suffer further RI for one month for the offence punishable under section 148 and RI for seven years and to pay fine of Rs.5,000/ - each, in default, to suffer further RI for six months for the offence punishable under section 326/34 of IPC. Original accused No.1 was also convicted and sentenced to suffer RI for one year and to pay fine of Rs.500/ -, in default, to suffer further RI for one month for the offence punishable under section 506(2) of IPC. All the sentences were ordered to run concurrently. Accused were given benefit of set off for the period undergone in jail.

(3.) Short facts of the case are that on 10.11.2004 at about 5.30 p.m., all the accused armed with deadly weapons like talvar, bhala, dhariya and revolver caused injury on injured Hussainkhan Jaysingh in the compound of Bhagyoday Hotel at Village Malvan. Further facts are that Joravarkhan caused injury by farsi, Hussainkhan Sahebkhan caused injury by dhariya on right leg, Lakhaji Sahebkhan caused injury on the forehead of Hussainkhan Jaysingh by dhariya, Yasinkhan caused injury by talvar and Banajai @ Kalukhan fired from his revolver and threatened the injured as well as the complainant. A complaint was therefore filed by complainant before Patdi Police Station. In pursuance of the said complaint, investigation started and as there appeared prima facie case against the accused, charge sheet was filed against the accused.