BABUBHAI FATABHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by original accused no.1 challenging a judgement and order dated 31.1.1996 passed by learned Additional Sessions, Panchmahal at Godhra.

(2.) Broadly stated, prosecution case was that on 2.7.1993 the appellant herein Babubhai Fatabhai Gohil and two other persons namely Somabhai Sanabhai and Arjunbhai Parvatbhai at about 2 O' Clock in the night went to the hut of the complainant where the complainant and his son Nanabhai Sanabhai were sleeping. The accused used foul language and asked the complainant to leave the hut. Accused no.1 was carrying "Dhariya". Accused no.2 Somabhai Sanabhai had a Stick in his hand and accused no.3 Arjunbhai Parvatbhai was carrying an Axe. They assaulted the complainant and his son who ran away from the place. Subsequently, they set the hut of the complainant on fire. This according to the prosecution was witnessed by another son of the complainant Laxmanbhai. The police filed a charge-sheet upon completion of the investigation. Learned Additional Sessions Judge found that there was no case against respondents nos. 2 and 3, nor did the learned Judge was able to believe the prosecution version regarding the setting of fire of the hut of the complainant. Learned Judge was therefore, pleased to acquit accused nos. 2 and 3 altogether. Accused no.1 appellant no.1 herein however, was convicted of having given a "Dhariya" blow to the son of the complainant and he was therefore, found guilty of having committed offence punishable under Section 324 of the Indian Penal Code. Learned Judge sentenced him to rigorous imprisonment for a period of one year and also imposed fine of Rs. 500/-.

(3.) Prosecution examined the complainant-PW2 at exh.12. He stated that at about 2'O Clock on 2.7.1993 when he was sleeping in his hut with his son Nanabhai, all the three accused persons came there and woke up the complainant by giving abuses. Accused No.1 had a "Dhariya", accused No.2 was carrying a Stick and accused No.3 was carrying an Axe. When the complainant and his son came out of the hut, accused No.1 asked him why they are not vacating the Gauchar land. Accused No.1 gave "Dhariya" blow to Nanabhai on his right arm, another blow was given by accused No.1 to Nanabhai on his left Cheek near his ear. Accused No.2 gave a Stick blow to the complainant on his left arm. They thereafter, ran away from the place and narrated the incident to his son Laxmanbhai Sanabhai. Laxmanbhai Sanabhai thereafter, with Punabhai Sanabhai went to the field immediately and returned after two to three hours. Laxmanbhai Sanabhai told the complainant that the accused persons had set on fire their hut. Next morning, the complainant along with Laxmanbhai and Nanabhai left the village at about 6 O' Clock by a Tempo and reached Sahera Police Station at about 8 O' Clock and gave the complaint.