THE STATE OF GUJARAT Vs. CHAMAR JAGABHAI NATHABHAI

JUDGEMENT

(1.) The State of Gujarat by way of filing Criminal Appeal No. 1281 of 2004 and the accused by way of filing Criminal Appeal No. 1293 of 2004, before this Court have questioned the impugned judgment and order dated 17.06.2004 passed by the learned Additional Sessions Judge, Dhrangadhara in Sessions Case No. 32 of 2000 whereby the original accused has been sentenced to three years rigorous imprisonment and fine of Rs. 300/ -, in default, rigorous imprisonment for nine months for the offence under Sec. 307 of Indian Penal Code. The accused has also been sentenced to four year's rigorous imprisonment and fine of Rs. 100/ -, in default, rigorous imprisonment for one month for the offence under Sec. 504 of Indian Penal Code. The trial court granted benefit of set off and directed the sentences to run concurrently. Criminal Appeal No. 1281 of 2004 is filed for enhancement of the sentence awarded by the trial court whereas Criminal Appeal No. 1293 of 2004 is filed against the conviction.

(2.) It is the case of the prosecution that on 05.07.2000, at about 09.00 am the complainant alongwith police constable Vijubha Prithvisinh and Dudhabhai Dahyabhai went to Harijanvas to inspect the house of Dudhabhai and at that time at about 09.30 am, while returning, original accused No. 1 - present appellant struck a dharia on the back side of Dudhabhai's head. It is the case of the prosecution that wife of accused No. 1 - original accused No. 2 said foul words and thereafter both ran away. The injured was thereafter taken to hospital for treatment.

(3.) Mr. L.R. Poojari, learned APP appearing for the State has submitted that the sentence imposed upon original accused is on lower side and inadequate looking to the gravity of the offence. He submitted that the sentence is required to be enhanced looking to the evidence of witnesses and the documents on record.