RAVAL RAMESHBHAI LALLUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21st March 2005 passed by the learned additional Sessions Judge, Mehsana in Sessions Case No.237 of 2004.

(2.) The appellants herein were the original accused who were charged with offence punishable under section 324 and 307 read with section 114 of the Indian Penal Code. The learned Additional Sessions Judge, by the impugned judgment convicted appellant No.1 (accused No.1) under section 324 and sentenced him to rigourous imprisonment for two years and imposed fine of Rs.100. Appellant No.2 (accused No.2) was convicted under section 307 and sentenced to RI for five years and fine of Rs.200/- and appellant No.3 (accused No.3) was convicted under section 307 of IPC and sentenced him to RI for seven years and fine of Rs.300/-.

(3.) From the charge Ex.4 framed against the accused, the prosecution case appears to be that on 7th February 2004, at about 8 O' clock at night, when the complainant was sitting at the house of her husband's younger brother, one stone landed in the open portion of the house and hit Jivanbhai on his leg. Jivanbhai and other family members, therefore, came out to inquire as to who had thrown the stone, at which time the accused came out using bad language and got excited. Accused No.1 caught hold of Jivanbhai and pushed him into a water pond. Accused No.2 hit Jivanbhai on the head with an iron pipe. Accused No.3 came with a knife and as Dipakbhai was pulling Jivanbhai out of pond, he gave one knife blow to Dipakbhai near his naval and one knife blow to Jivanbhai on the left side of his stomach. Accused No.1 gave one blow from the blunt portion of the axe to the complainant.