RAMESHBHAI KESHUBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant - original accused No. 1. challenging the legality and validity of the judgment and order of conviction and sentence (hereinafter referred to as the 'impugned judgment and order') passed by the learned Additional Sessions Judge, Vadodara, in Sessions Case No. 159 of 1990 on 29th August, 1992, whereby the present appellant has been held guilty of the charge of offence punishable under Section 326 of the Indian Penal Code and sentenced to undergo five years simple imprisonment and to pay a fine of Rs.5,000/-, in default of making payment of fine to undergo one year simple imprisonment. The learned trial Judge has in exercise of powers vested with him under the provisions of Section 357 of the Code of Criminal Procedure, has ordered that upon depositing the amount of fine of Rs.5,000/- by the appellant-accused, amount of Rs.4,000/- to be paid to the injured-Gita towards compensation.

(2.) The appellant has challenged the impugned judgment and order by raising various grounds as mentioned in paragraph 6 of the memo of appeal. Mr.Parikh, learned Counsel for the appellant has taken me through all these grounds and the oral as well as documentary evidence led during the course of trial by prosecution. To appreciate the rival side contentions that have been raised before this Court by Mr.Parikh as well as by Mr.Bhate, the Court is inclined to state the case of prosecution in brief.

(3.) According to prosecution, on 8th April, 1990, at about 10.15 a.m., injured- Gitaben Rasiklal Jaiswal was proceeding towards the pond of Village Raval for washing clothes. At that time, three accused persons chased victim-Gita and assaulted her with an intention to kill her or to cause serious injuries which may result into her death. It is also alleged that the present appellant had given blows with Dharia on three different parts of the body of injured- Gita, whereas the original accused Nos.2 and 3 were instigating the accused No.1. It is the say of prosecution that prior to the incident, a quarrel was taken place on a trifle issue for putting and igniting hearth which was used for cooking food and injured-Gita had used improper words during that quarrel. Thereafter, she had proceeded towards the village pond with her mother and her mother was carrying clothes for washing. When they were about to reach to the bank of pond, the victim-Gita was assaulted by the appellant.