STATE OF GUJARAT Vs. PATEL DUSHYANTKUMAR @ BABO BHIKHABHAI

JUDGEMENT

(1.) The State has preferred present criminal appeal feeling aggrieved and dissatisfied with the judgment and order dated 27.04.2005 passed by learned Extra Assistant Judge and Additional Sessions Judge, Mehsana in Sessions Case No. 127 of 2004.

(2.) Brief facts of the prosecution is that the complainant Nilamben Barot, w/o. Subhashbhai Anandbhai Barot, resident of village: Visnagar has filed a compliant before Visnagar Police Station, vide CR. I. No. 86 of 2003 for the offences punishable under Sections 307, 326, 447, 504, 114 of IPC read with Section 135 of the Bombay Police Act. By the complainant, it has been asserted that on 15.3.2003 at about 9-45 PM at night, accused no.1 to 3 gave filthy abuses to the complainant by saying that why did you reprimanded us prior to two to three days. Therefore, in reply to the same husband of the complainant told that why did you call girls from out side which is not permitted in society. Therefore, accused persons got enraged and accused Dushyantbhai Patel has inflicted blow of Trishul and knife to the complainant on left shoulder and at the same time, as husband of the complainant came there and intervened, the accused Amitbhai Bhikhabhai had inflicted blow of knife on back as well as on right side of back. It is further the case of prosecution that accused Kiranben has also inflicted blow of stick on head of complainant and as the quarrel was increasing, the mother in law as well as other relative of the complainant has intervened and save the complainant from further beatings. Thus, all the accused persons in abatement of each other assaulted upon complainant and prosecution witnesses with deadly weapons with clear intention to cause death of the complainant. Thereafter, injured was taken to Government Hospital and complaint was filed before A.S.I. The Investigating Officer pursuant to said complaint has recorded statement of witnesses and took appropriate steps by executing panchnama and by recording statement of witnesses and after completion of detailed investigation, the chargesheet came to be filed. Since the case was to be conducted by the Sessions, the same was committed to the Sessions under Section 209 of the IPC, which was registered as Sessions Case No. 127 of 2004. The learned Additional Sessions Judge after receipt of the said case, has framed the charges against accused persons vide Exh.8 and since the accused persons have pleaded not guilty, the guilt was recorded and the case was put up for trial.

(3.) Following witnesses have been examined by the prosecution to deal with the evidences and following evidences were also produced during the course of trial, which read as under: <FRM>JUDGEMENT_179_LAWS(GJH)2_2017_1.html</FRM> <FRM>JUDGEMENT_179_LAWS(GJH)2_2017_2.html</FRM> <FRM>JUDGEMENT_179_LAWS(GJH)2_2017_3.html</FRM>