DITABHAI PRATAPBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocate Mr.Darshan P.Dave waives service of notice of rule for respondent No.2 and learned APP MR.K.P. Rawal waives service of notice of rule for respondent No.1 - State.

(2.) Heard learned advocate Mr.Hemant K.Makwana for the applicants, learned advocate Mr.Darshan P.Dave for the respondent No.2 - original complainant and learned APP Mr.K.P. Rawal for the respondent No.1.

(3.) The applicants herein are accused in Sessions Case No.166 of 2014 before the Sessions Court at Dahod, wherein they are facing charges u/ss.324, 395, 397, 504, 506(2) and 114 of the IPC with reference to complaint filed by one Mithubhai Kamjibhai Damor with Dahod Rural police station, which is registered as C.R.No.I -93 of 2013 on 22.4.2013. The sum and substance of the complaint is to the effect that on 21.4.2013, when the complainant was at his residence with his family members, including father etc., the applicant No.1 with bow and arrow and other applicants with stick had rushed to their house and started quarreling with them by using unparliamentary language against female members of the family, contending that why complainant has damaged the edge of their agricultural field. During such quarrel, applicant No.1 has used his bow and arrow on father of the complainant, who was injured seriously and bleeding had started. Meanwhile, other people, including the brother of the complainant and one Bachubhai Jamalbhai etc. had intervened and rescued the complainant and his father, but the applicants have threatened to kill them while going away from the place and thereupon, father of the complainant was taken to Hospital at Dahod by calling ambulance from 108 service. Before the Medical Officer of General Hospital, Dahod the father of the complainant, namely, Kamjibhai Narjibhai Damor has disclosed that he has been assaulted by bow and arrow on his forearm for which he was treated in hospital from 21.4.2013 to 25.4.2013. It seems that though the nature of injury is not properly disclosed by the Doctor in his injury certificate, because of cut injury by sharp instrument, the victim was admitted and treatment was given as an indoor patient. However, if we peruse the police papers, it becomes clear that in addition to such injuries, applicants have looted several valuable articles from the house of the complainant viz.silver ornaments and cash of Rs.10,000/ -.