GOSWAMI PARAGPURI RAMPURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT . Mr. H.L. Jani, learned Additional Public Prosecutor, waives service of process of admission for respondent No.1 - State of Gujarat. Mr. Sikandar Saiyed, learned advocate, appears for respondent No.2 -Parmabhai Karmanbhai Patel (Contractor) - original complainant who was joined as respondent No.2, vide order dated 26.02.2007.

(2.) PRESENT is the appeal wherein the appellants, five in number, original accused have challenged the conviction and sentence in Sessions Case No. 83 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.1, Patan by judgment and order dated 10.01.2007.

(3.) THE case of the prosecution, in short, is that, on 15.07.2005, when complainant Parmabhai Karmanbhai Patel alongwith his brother Ramabhai and driver Merambhai Rajabhai Thakor were in their office named as 'Arbuda Auto Consultancy', situated near Radhanpur Highway Circle, near Kathiawadi Hotel, they were assaulted by the appellants -accused. Accused No.1 - Paragpuri Rampuri Goswami was armed with a stick, accused No.2 -Sompuri Rampuri Goswami was armed with an iron -tommy, accused No.3 -Khodpuri Trikampuri Goswami was armed with a stick, accused No.4 -Anand alias Tino Paragpuri Goswami was also armed with a stick and accused No.5 -Navinpuri Rampuri Goswami was armed with a knife. The F.I.R. was registered as C.R. No.I -103 of 2005 at Radhanpur Police Station. After the investigation, chargesheet was filed. As offences involved were triable by the court of Sessions, the learned Judicial Magistrate First Class, Radhanpur, by order dated 10.11.2005, committed the case to the Sessions and it was registered as Sessions Case No. 83 of 2005.