AMARSING JETHIYABHAI VASHAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant in this Criminal Appeal has preferred present appeal against the judgment and order dated 11.11.2011 passed by the learned District & Sessions Judge, District: Narmada at Narmada in Sessions Case No. 32 of 2011 whereby the learned Court has convicted the appellant for offence punishable under Section 307 of the Indian Penal Code and Section 135 of the Bombay Police Act and the learned Court has sentenced the appellant to undergo 10 years RI and to pay fine of Rs. 5,000/- for the offence punishable under Section 307 of IPC and 1 year RI in case of default in payment of fine and for the offence punishable under Section 135 of IPC, the learned Court has sentenced the appellant to undergo 1 year RI and to pay fine of Rs. 1,000/- and in default in payment of fine to undergo further 1 month R.I.

(2.) At the outset, it is relevant and necessary to mention that the learned counsel for the appellant, during his submissions, submitted, declared and stipulated that the appellant does not seek clean acquittal and the appellant restricts the scope of appeal to urge that having regard to special and peculiar facts of the case either the conviction may be converted under Section 326 or the sentence may be reduced to the extent undergone. In view of the said stipulation, the conclusion recorded by the learned trial Court that the allegations and charge against the accused are proved, is not placed under challenge.

(3.) Briefly stated the case of the prosecution was that at about 7.30 on 14.6.2011, the appellant - accused, with intention to cause death of the victim, attacked and assaulted the injured victim with scythe (dharia) and that with the knowledge that the assault and the weapon used for assault and the injuries inflicted with the weapon will cause death the accused - appellant inflicted multiple injuries on the body of the injured victim which could have caused, and resulted into, death of the injured victim if immediate and emergent medical treatment had not been made available.