LAWS(GJH)-2007-9-6

STATE OF GUJARAT Vs. BHAYA LAKHDHIR

Decided On September 18, 2007
STATE OF GUJARAT Appellant
V/S
BHAYA LAKHDHIR Respondents

JUDGEMENT

(1.) The three accused (1) Bhaya Lakhdhir, (2) Samant Lakhdhir and (3) Kana Lakhdhir charge-sheeted and committed for the trial before the Court of Sessions, District: Rajkot at Gondal for the charges levelled against them under Sections 307, 323, 324 and 114 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act, vide Sessions Case No. 52/1985. The said Sessions Case was made over to the learned Assistant Sessions Judge, District: Rajkot at Gondal. All the three accused were put to trial and after full-fledged trial, learned Assistant Judge, vide judgment and order dated 27th February, 1986 was pleased to acquit all the accused for the offences punishable under Sections 307, 323, 324 of the Indian Penal Code and under Section 135 of the Bombay Police Act, though all the three accused were found guilty for the offences punishable under Section 325 to r/w. Section 114 of the Indian Penal Code. Accused No. 1 Bhaya Lakhdhir and accused No. 3 Kana Lakhdhir each was sentenced by the trial Court to suffer simple imprisonment for one year and to pay fine of Rs. 100/- each in default to suffer simple imprisonment for one month. While accused No. 2 Samant Lakhdhir was directed by the trial Court to be released on surety of Rs. 1,000/- for good behaviour for one year under probation.

(2.) Against the above said judgment and order, accused No. 1 Bhaya Lakhdhir and accused No. 3 Kana Lakhdhir preferred Criminal Appeal No. 14/1986 in the Court of learned Sessions Judge, at Rajkot against their conviction and sentence. While State preferred Criminal Appeal No. 1145/1986 under Section 378 of the Code of Criminal Procedure against all the three accused for their acquittal for the offences punishable under Sections 307 to r/w. Section 114 of the Indian Penal Code.

(3.) Criminal Appeal No. 1145/1986 filed by the State against the order of acquittal came to be admitted by the Division Bench of this Court on 7th April, 1987 by following the order. Leave granted. Appeal admitted. Papers of Criminal Appeal No. 14/86 filed by the original accused Nos.1 & 3 in the Court of Additional Sessions Judge, Gondal, be called for and the same be placed for hearing along with this appeal.