RATHOD RAGHUSINGH @ RANJITSINGH PARBATSINHG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed by the original accused challenging common judgment and order dated 4.3.1996 rendered by learned Additional Sessions Judge, Mehsana in Sessions Case No.213/1994.

(2.) As emerging from the charge-sheet, the prosecution case was that on 7.1.1994 when the complainant was engaged as Caretaker in the Forest Department Plantation, he found the accused cutting berry trees of the Forest Department at about 3 O' Clock in the afternoon. Upon being stopped accused Nos. 2 and 3(appellants in Criminal Appeal No.365/1996) caught hold of the complainant and accused no.1(appellant in Criminal Appeal No.350/1996), gave a "Dhariya" blow as a result of which right hand thumb of the complainant was cut and completely severed. The accused were therefore, charged with commission of offences punishable under Section 447, 326 read Section 34/114 of the Indian Penal Code. They were also charged with offence punishable under Section 135 of the Bombay Police Act and Section 33 of the Forest Act.

(3.) Learned Additional Sessions Judge convicted accused No.1 for offences punishable under Sections 333 and 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of three years and pay a fine of Rs. 1,000/-. Accused Nos. 2 and 3 were convicted under Sections 333 and 326 read with Section 114 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of three months and pay a fine of Rs. 500/-. All the accused were convicted for offences punishable under Sections 447 and 427 and sentenced to undergo imprisonment for a period of 15 days and pay a fine of Rs. 100/-. Substantive sentence was made concurrent. They were however, acquitted of offences punishable under the Indian Forest Act and Bombay Prohibition Act.