LALAJI SURA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the original accused challenging a judgement and order dated 9.11.1989 passed by the learned Additional Sessions Judge, Surendranagar.

(2.) The appellant was accused no.1. Against the appellant and three other persons, a complaint came to be lodged of having fired gunshots at certain persons on 21.9.1987 causing grievous injuries. Pursuant to the complaint, investigation was carried out. The Investigating Agency upon completion of the investigation filed charge-sheet against all the accused. The Sessions Court framed the charge at exh.3 stating inter-alia that at 3:00 am on 21.9.1987 when Surabhai Ramsinh, Samant Vashram, Sava Vashram etc. were grazing their cattle, the accused carrying long barrel gun had quarreled about the grazing of the cattle and the accused no.1 with intention to commit murder fired gunshot at Samant Vashrambai which caused injury to him on the back side. On account of these grievous injury, he fell down and other accused persons also fired gunshots causing injuries to Sava Vashram, Pola Vashram, Rupa Samla, etc. It was therefore, alleged that the accused persons had committed offences punishable under Section 307 read with Section 34 of the Indian Penal Code. They were also charged with having committed offence punishable under Section 25(1)(A)of the Arms Act.

(3.) The prosecution in order to prove the charge, examined several witnesses including the complainant and other eye-witnesses. Dr. Bimal Narendrai Buch was examined to prove the injuries on Samant Vashrambhai and the treatment given to him. Fire-arm was also recovered from the appellant-accused no.1. Upon conclusion of the trial, learned Additional Sessions Judge was pleased to acquit rest of the accused. He was however, pleased to convict the appellant herein for offence punishable under Section 326 of the Indian Penal Code and sentenced him to rigorous imprisonment for a period of six months and fine of Rs. 1,000/-.