BHIKHUBHAI VASTABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused No. 1 of Sessions Case No. 1 of 1987 has preferred this appeal against the judgment and order of conviction and sentence dated 13th January, 1992 recorded by the learned Additional Sessions Judge, Amreli for the offence punishable under Section 326 of the Indian Penal Code whereby the appellant has been directed to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000/-, in default of making payment of amount of fine, to undergo rigorous imprisonment of one year.

(2.) The appellant has expressed his grievance against the judgment and order under challenge by indicating various grounds which are mentioned in paragraph 3 of the memo of appeal. Mr. Lakhani, learned Counsel appearing with Mr. S.S. Saiyad, for the appellant has taken me through all the relevant grounds of challenge and also the evidence led by prosecution during the course of trial.

(3.) On the strength of one complaint registered by Bagasara Police Station being Crime Register No. I-51 of 1986, the Police had investigated the crime for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act against the two accused persons, viz., the present appellant, Bhikhubhai Vastabhai and one Devkubhai Lakhabhai. After the investigation, both the accused were charge-sheeted and on completion of the trial, the Court acquitted the original accused No. 2-Devkubhai Lakhabhai from the charge levelled against him. However, the learned trial Judge has held that present appellant-original accused No. 1 guilty for offence punishable under Section 326 of the Indian Penal Code but not under Section 307 of the Indian Penal Code, as charged.