VAJESINH SIKHABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal arises out of judgement and order dated 30.4.1997 rendered by learned Additional Sessions Judge, Ahmedabad in Sessions Case No.126/1993.

(2.) The appellants were the original accused who were charged with offences punishable under Sections 307, 332 read with Section 32 of the Indian Penal Code. Learned Additional Sessions Judge though acquitted the appellants of offence punishable under Section 307 read with Section 34 of the Indian Penal Code, found that there was evidence to the effect that appellants have committed offence punishable under Section 332 read with Section 34 of the Indian Penal Code. They were sentenced to undergo two years of rigorous imprisonment and fine of Rs. 1,000/-.

(3.) Broadly stated, the prosecution case is that on 5.1.1993 at about 23:15 at night, complainant Gopalbhai who was police constable was patrolling along with police constable Pravinkumar in Odhav area on the city of Ahmedabad. They came near a area called Soni-ni-chali and reached a place called Manusaheb-ni-chali at which time near the factory two persons i.e. the accused had lit bonfire. The complainant had some exchange of words with the accused upon which the accused tried to snatch the rifle from the police constable Pravinkumar. One of them gave a Dhariya blow on the back of head of the complainant, another blow was given on the right hand side of head. The other person attacked the complainant with an iron pipe and gave blows on his back and on the shoulder.