KOLI BHUPATBHAI HAMIRBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present appeal, the appellants-original accused have challenged the judgment and order dated 1st August 1992 passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No.142/89.

(2.) During the pendency of the appeal, appellant No.2 has expired. Appeal qua appellant No.2, therefore, stands abated.

(3.) Appellant No.1 was original accused No.1. The case had arisen out of a complaint lodged by one Dhira Kana on 9.7.89 stating, inter alia, that on 8.7.89 at about 8 'O clock night, appellant No.1 and others had assaulted and caused injuries to the complainant and father of the complainant. The incident occurred on account of some minor quarrel between two young boys belonging to the rival groups. It is the case of the defence that in the ensuing quarrel, in fact, one Jeram Hamir received fatal injuries. However, it is not in dispute that the accused persons in the said case have been acquitted. Be that as it may, one is concerned with the recording of conviction and sentence passed by the learned Additional Sessions Judge, Bhavnagar in the present case.