BHARATBHAI REVABHAI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is preferred by the appellant challenging the legality and validity of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Gandhinagar in Sessions Case No.33 of 2001, on 27th July, 2004 whereby the appellant-accused has been held guilty of the charge of offence punishable under Section 307 of the Indian Penal Code and has been sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.5,000/- and in default of making payment of fine to undergo six months rigorous imprisonment.

(2.) The judgment and order of conviction and sentence has been challenged on various grounds which are mentioned in memo of appeal. Mr.K.L.Dave, learned Advocate for the appellant has taken this Court through the the judgment and order under challenge, as well as, relevant part of the evidence considered by the learned trial Judge while linking the accused with the crime.

(3.) Mr.Dave, has narrated the prosecution case in short. It is alleged that on the date of incident, the injured-Kushkiben was proceeded towards her residential house from village side carrying agricultural wastage, popularly known as SSathi on her head and at that time, the accused was going on his bicycle and while overtook her, the accused brushed with the SSathi lying on head of the complainant and thus some hot exchange of word has taken place. It is alleged that accused had given abuses to the complainant. Thereafter, the complainant and accused went to their home. It is also alleged that accused had after some time gone to the house of the complainant, armed with sword and tried to spear up, but as the complainant had caught hold of the said sword, she got injury on left hand finger. Thereafter, the accused had again given second blow on the forehead of the complainant, third blow on left side of the head and another blow in the middle of the head. It is also alleged that on account of screaming by the complainant, Prosecution Witness No.2-Chandrikaben rushed to the spot. The injured was taken to the Hospital and treatment was given. The investigation was conducted by the Police and sufficient evidence was found to link the accused with the crime and ultimately the accused person came to be charge-sheeted.