STATE OF GUJARAT Vs. RAVAL RANCHHODBHAI KANTIBHAI

JUDGEMENT

(1.) As all these Appeals are with respect to one incident but arising out of the cross complaint and between the same parties, all these Appeals are decided and disposed of by this common judgment and order.

(2.) As observed hereinabove, as such, there were cross cases/complaints filed on behalf of both the sides. In the incident which occurred on 22/02/2011 at 20:30 hours at Ravalwas, village Bechraji, one Raval Ranchhodbhai Kantibhai, original accused in Sessions Case No. 55/2011 on one side and Raval Kadvabhai Lalubhai of the other side sustained injuries, and therefore, Raval Kadvabhai Lalubhai filed the complaint against Raval Ranchhodbhai Kantibhai with Bechraji Police Station for the offences punishable under Sections 326, 323 and 504 of the Indian Penal Code and Section 135 of the Bombay Police Act and wife of the Raval Ranchhodbhai Kantibhai, Seetaben Ranchhodbhai Raval also lodged the cross complaint against Raval Kadvabhai Lalubhai, original complainant of Sessions Case No. 55/2015, Raval Gokabhai Ambarambhai and Raval Bhavnaben Kadvabhai Lalubhai for the offences punishable under Sections 307, 324, 504 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act. Both the aforesaid complaints were investigated by one Jamtaji Hinduji Waghela, Police Officer of Bechraji Police Station. After conclusion of the investigation and having found prima facie case the Investigating Officer filed the chargesheet against the concerned accused with respect to both the complaints. As both the cases were exclusively triable by the Court of Sessions, the learned Magistrate committed both the cases to the Sessions Court, Mehsana. The case against Raval Ranchhodbhai Kantibhai was registered as Sessions Case No. 55/2015 and the case against Raval Kadvabhai Lalubhai and others was registered as Sessions Case No. 54/2011. All the accused in both the cases pleaded not guilty, and therefore, they came to be tried by the learned trial Court for the aforesaid offences respectively. The learned trial Court framed the charge against the concerned respective accused in respective cases. All the accused in the respective cases pleaded not guilty, and therefore, they came to be tried by the learned trial Court for the aforesaid offences. In Sessions Case No. 55/2011 original accused-Raval Ranchhodbhai Kantibhai was charged for the offences punishable under Sections 326, 323, 504 of the Indian Penal Code and Section 135 of the Bombay Police Act. However, on the other side and in the cross case in Sessions Case No. 54/2011 original accused-Raval Kadvabhai Lalubhai, Raval Gokabhai Ambarambhai and Raval Bhavnaben Kadvabhai Lalubhai were charged for the offences punishable under Sections 324, 323 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) Shri Kotai, learned advocate appearing on behalf of the original accused in Criminal Appeal No. 1576/2013 has vehemently submitted that in the facts and circumstances of the case the learned trial Court has materially erred in convicting the original accused for the offences punishable under Section 326 of the Indian Penal Code and Section 135 of the Bombay Police Act. It is vehemently submitted by Shri Kotai, learned advocate appearing on behalf of the original convicted accused that there are material contradictions with respect to the place of the incident. It is submitted that according to the complainant the incident occurred at their house. However, as per the panchnama of the place of the incident the incident had occurred/taken place 20 feet away from the house of the complainant.