THAKOR PRADHANJI KUNVARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal preferred by the appellant under section 374 of the Code of Criminal Procedure, 1973, against the judgment and order of conviction and sentence dated November 04, 2006, rendered by the learned Additional Sessions Judge, Patan, in Special (Atrocity) Case No.1 of 2006, qua the offences punishable under sections 323, 504, 337 and 114 of the Indian Penal Code and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the appellants have been convicted for the offences punishable under sections 323, 504, 337 and 114 of the Indian Penal Code and sentenced them to undergo (i) rigorous imprisonment for one year and a fine of Rs. 200/, in default to undergo simple imprisonment for seven days, for the offence punishable under section 323 read with section 114 of the Indian Penal Code; (ii) rigorous imprisonment for three months and a fine of Rs. 100/, in default to undergo simple imprisonment for seven days for the offence punishable under section 504 read with section 114 of the Indian Penal Code; and (iii) rigorous imprisonment for one year and a fine of Rs. 100/, in default to undergo simple imprisonment for three days, for the offence punishable under section 337 read with section 114 of the Indian Penal Code. Insofar as the charge of offence punishable under section 3(1) (x) of the Atrocity Act is concerned, all the appellants have been acquitted by the trial Court. Further, the trial Court has ordered all the sentences to run concurrently and also granted the benefit of set off under section 428 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that the original complainant Shri Ahokkumar Mohanlal Solanki was earning his livelihood by carrying out labour work by residing with his family at Vankarvas, Dukhwada, Jal Chok, Patan. On July 17, 2004, at around 0900 p.m., when he went to his uncle's place after having dinner, one Shri Hitesh Manubhai Vankar was beaten up by Thakor Dilipji Mathurji and, therefore, the matter of Hitesh along with her son went to Dilip Mathurji Thakor and at that stage, the appellants had started quarrellling with Hitesh and his mother. They also abused him. The original complainant and his uncle intervened to get the matter settled, however, the appellants, as per the case of the prosecution, got angry. The appellant No.1 had sword and the appellant No.2 had wooden stick had started beating both the original complainant and his uncle. During the said incident, the uncle of the complainant sustained injuries both with sword and wooden stick. Some injuries had been sustained with bricks. Thereafter, the appellants went to Hitesh's home and destroyed furniture and certain utensils and, therefore, the complaint in question was lodged with the concerned Police Station.

(3.) After due investigation, the case was committed and after recordance of the evidence under section 313 of the Code of Criminal Procedure, 1973 the entire evidence has been denied by the appellants. The Court heard both the sides and eventually convicted the appellants as mentioned hereinbefore.