MER VANZA ABHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Revision Application has been filed by the applicant-original accused under Section 397 read with Section 401 read with Section 482 of the Code of Criminal Procedure, interalia challenging the judgment and order dated 07.07.2007 passed in Criminal Misc. Appeal No.01 of 2001 by the learned Sessions Judge, Porbandar, whereby the conviction imposed upon the applicant by the learned Judicial Magistrate First Class, Kutiyana in Criminal Case No.302 of 1987 vide order dated 02.01.2001 under Section 326 of the IPC for a period of two years simple imprisonment with fine of Rs. 500/-, in default, further simple imprisonment for a period of fifteen days, is confirmed.

(2.) It is the case of the prosecution that the complainant Lilabhai Merubhai Mer, resident of Siddhpur was working as companion with Mer Abhabhai Ramabhai. They were residing at Vadi of Abhai Giga with Gerubhai Vinzabhai and his wife Nathiben. On 14.07.1987 when the complainant and applicantaccused were at Vadi and after completing the work when the complainant was sleeping on Cot, the applicant-accused came in the house and caught the nose of the complainant and cut it with the knife. Therefore, the complainant got up and asked what are you doing? The applicant-accused told him to run away and therefore, he did this. The complainant described the incident to his family. The complainant and applicant-accused were working together and applicant-accused insisted the complainant to leave the job. Since the complainant did not accept the same, the applicant-accused cut the nose of the complainant. Therefore, complaint was lodged before the Kutiyana Police Station being I-C.R.No. 80 of 1987.

(3.) Thereafter, investigation was carried out and statement of the witnesses were recorded and charge-sheet was filed for the offence punishable under Section 326 of the IPC and under Section 135 of the Bombay Police Act and then, the applicant-accused was arrested.