ABBAS MOHMMEDBHAI MULTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal, under Section 374 of the Code of Criminal Procedure, is filed by the appellants (original accused Nos. 1 & 2) against the Judgment and order dated 9.3.2006 passed by learned Additional Sessions Judge & Presiding Officer, Fast Track Court No.4, Surat, in Special Atrocity Case No.33 of 1999, whereby learned Judge has held the appellants (original accused) guilty (i) for the offence punishable under Sections 323 and 506(1) of I.P. Code read with Section 3(1)(10) of Atrocity Act and sentenced them to suffer simple imprisonment for 6 months and to pay a fine of Rs.500/- each i/d to further undergo simple imprisonment for 1 month for the offence under Section 323 of the Indian Penal Code; (ii) held the appellants original accused guilty for the offence under Section 506(1) of I.P. Code and sentenced them to suffer SI for 6 months and to pay a fine of Rs.500/- each i/d to undergo further SI for 1 month as well as held the appellants guilty for the offence under Section 3(1) (10) of the Atrocity Act and sentenced them to suffer 2 years simple imprisonment and pay a fine of Rs.1000/- each, i/d. to suffer 3 months simple imprisonment. The learned Judge has ordered that the sentences imposed upon the accused shall run concurrently.

(2.) The brief facts of the prosecution case are that the complainant was doing fitting work of dolbi machine and had lodged complaint against the appellants - accused alleging that on 21.5.1999, he was at home and people of mohalla raising grievance against the appellant about the business of ginning process. Therefore, they made application in the Corporation and the Corporation called the appellants. Due non-availability of the appellant No.1 at the place, the officers of Corporation went there and they talked with the appellant No.2. Thereafter, the appellants went to the mohalla and abused the people of mohalla and threatened to kill the complainant and thereafter, the accused had beaten the complainant. Thereafter, the complainant filed complaint before Salabatpura Police Station vide CR No. I 33/99 against the accused for the alleged offences. The police registered the offence against the accused and investigated into the matter.

(3.) Necessary investigation was carried out by the Police. The statements of the complainant and other witnesses were recorded. Panchnama of scene of offence was also drawn. The complainant injured was sent for medical treatment in the Hospital. Thereafter, after completion of investigation, the charge-sheet was filed against the appellants accused for the alleged offences before the Sessions Court. The learned Additional Sessions Judge framed the charges against the appellants accused. The appellants accused pleaded not guilty to the charge and claimed to be tried.