RAMSINH BHAVANJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal arises out of judgment and order dated 4th November 1996 rendered by learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No.181 of 1994. The appellants were original accused no.2 and 3 and were charged with offences punishable under Sections 436 read with Section 34 of Indian Penal Code. Learned trial Judge convicted the present appellants under Section 436 read with Section 34 of Indian Penal Code and sentenced them to rigorous imprisonment for a period of three years and fine of Rs.3,000/- each.

(2.) From the material on record, the prosecution case appears to be that the complainant was running fun fare. On 18-3-1994, at about 9 O' Clock at night, when the programmes in the fun fare were going on, the present appellants and one Bhopabhai, original accused no.1, came there and to cause damage to the property and to disrupt the proceedings caused injury to the complainant, Babubhai, when accused no.1 gave a stick blow on his head. Other two accused damaged the tube lights and set the tents on fire. It was alleged that accused no.2, i.e. appellant no.1 herein with the help of his stick destroyed the tube lights and accused no.3, appellant no.2 herein set the tents on fire.

(3.) Since original accused no.2 and 3 are before this Court in this appeal, I would confine the discussion of the material on record pertaining to these accused persons only.