PATEL BACHUBHAI TRIBHUVANDAS Vs. VAGHELA TAKHATSING JAVANJI

JUDGEMENT

(1.) THE petitioner, original complainant, aged about 65 years, has approached this court under the provisions of Section 439 of the Code of Criminal Procedure (for short "cr. P. C. ") to challenge order dated 28-6-2007 of learned Sessions Judge, Patan in Criminal Misc. Application No. 259/ 2007, whereby respondent nos. 1 and 2 were ordered to be released on bail. According to the petitioner and FIR dated 6-6-2007, registered as C. R. No. I-90/2007 in Sami police Station of Patan District, the complainant was standing at the bus stop at 8 a. m. , when respondent nos. 1 and 2 came with dharia and stick and inflicted blows upon him. Respondent no. 1 was alleged to have inflicted the blow of dharia on the head of the complainant, who tried to avoid it by raising his hand and thus, sustained injuries on the head as well as fingers. Respondent no. 2 was alleged to have inflicted injuries by stick on both legs and back of the complainant, while two other accused were also alleged to have beaten the complainant. Then respondent no. 1 went to his home and returned with the gun but due to intervention of others, the complainant was saved and taken to Civil hospital at Patan. He is stated to have been hospitalized for three weeks.

(2.) ACCORDING to the affidavit of respondent no. 1, submitted on behalf of respondent no. 1 and 2, he is the elected president of Kukrana Doodh Utpadak mandali, who had insisted that a rival or parallel milk producing cooperative society should not come up in the same village and had taken legal proceedings for that purpose in the Court of Registrar's Board of Nominees. There was no dispute about the fact that the complainant wanted to establish another cooperative society and due to friction between two communities, at the instance of one police inspector the complaint had been tiled, according to the affidavit. It is also averred that, according to medical certificate dated 16-6-2007. injuries were simple and could not have proved to be fatal. It is admitted that the medical certificate dated 16-6-2007 was perused by the Court while releasing the respondent on bail and at that time the victim was already discharged from the hospital and was absolutely out of danger, after fully recovering from his injuries. Therefore, the Court had rightly exercised its discretion, according to the submission. Respondent no. 1 has, in his affidavit, also made allegations against police alleging that when he voluntarily approached police sub-Inspector on 24-6-2007 in connection with the offences, he was unnecessarily taken to Harij and roped, handcuffed and paraded in public.

(3.) LEARNED APP submitted that the all important medical certificates dated 16-6-2007, annexure-C to the petition, was obviously misread by the Sessions Court insofar as it enumerated eight injuries on the body of the complainant out of which injuries at serial nos. 2, 3 and 4 were certified to be grievous and injury at serial no. 1, i. e. , incised wound over right frontal region, 4 cm. X 0. 5 cm. , bone deep was likely to be due to sharp cutting object. According to that certificate, the complainant was admitted into the hospital as an indoor patient on 6-6-2007 and referred to Civil Hospital, Ahmedabad. on 15-6-2007. It was also submitted that respondent nos. 1 and 2 could not be arrested immediately after registration of fir on 6-6-2007 on account of their nonavailability, according to the papers of investigation. Learned APP also submitted that, by now, the charge-sheet was filed against the respondent and the offences alleged against the accused persons were punishable under Sections 307, 323, 405 and 34 of the Indian Penal Code.