JITUBHAI MOTAJI MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by original accused No.1 challenging the judgment and order dated 30th September 1996 passed by the learned Additional Sessions Judge, Ahmedabad City in Sessions Case No.108/92.

(2.) The appellant and other three accused faced charges under section 307, 323 read with section 114 of the Indian Penal Code for having assaulted the complainant Kantilal and his other family members, particularly his son Ashwin. It was the case of the prosecution that on 5.5.91, the appellant along with other accused came to the house of the complainant and demanded back his tea-stall and when refused, gave several knife blows to Ashwin, son of the complainant. The accused also caused injuries to the complainant and his wife.

(3.) The learned Additional Sessions Judge in his impugned judgment, however, acquitted rest of the accused persons under section 307 but convicted under section 323 and given benefit of probation. Appellant herein was convicted of offence under section 307 of the Indian Penal Code and section 135(1) of the Bombay Police Act. He was awarded sentence of rigourous imprisonment for six years and fine of Rs.1,000/- and RI for six months and fine of Rs.200 for the said offences respectively.