BALWANTBHAI MATHURBHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 18.2.2005 passed by learned Additional Sessions Judge, 3rd Fast Track Court, Panchmahal at Godhra in Sessions Case No.108 of 2002 in this appeal whereby learned Sessions Judge has been pleased to convict accused No.3 - appellant herein and imposed the sentence upon him to undergo five years imprisonment and fine of Rs.250/-, in default, to undergo fifteen days simple imprisonment for the offence punishable under section 307 of IPC.

(2.) The broad facts of the case are that complainant - Amarsinh Mohanbhai has lodged the complaint on 3.9.2001 has gone at village Jorapura to arrest accused Narvatbhai Mathurbhai Bariya who was absconded and shouted outside his house to come out the accused, at that time, Narvat Mathur came out with sword from his house and started abusing and got angry and inflicted blow with sword on the hand of the complainant and at that time, Narvat Mathur snatched away the government gun which was in the hands of the complainant. When Haribhai and Tangitbhai intervened to rescue, at that time, the wife of Narvat Mathur came out with sword and inflicted on the left hand of Haribhai, while Balwant Mathur Bariya rushed with sword and inflicted blow on the right hand and left hand and also on forehead of Rangitbhai and thereby caused serious injuries with deadly weapons.

(3.) Therefore, FIR came to be registered before the Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused.