JAYESH @ TENIYO BHIMJIBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Accused nos. 1 and 2 who have been convicted for offences punishable under sections 326 and 324 respectively have challenged their conviction handed out by the learned Additional Sessions Judge, Amreli by his judgement and order dated 07.10.2010 in Sessions Case No. 35 of 2006.

(2.) The complainant, Devshibhai Virabhai Barot, filed a complaint while in the Amreli Civil Hospital that on 18.03.2005 accused nos. 1 and 2 along with three other accused attacked him and his son Chiman Devshibhai. It is the case of the complainant in his complaint so lodged that while he and his son Chiman were returning from the town on their motor cycle, at around 11.30 at night, near the house of Manu Meghjibhai, accused no. 1 Jayesh alias Teniyo approached them with a sword, accused no. 3 Madhu Bhimjibhai was also carrying a weapon which he could not notice. Accused no. 2 Popatbhai alias Nanjibhai was carrying a pipe. Keshubhai Arjanbhai accused no. 4 was also carrying a weapon which he could not notice. According to the version in the complaint, the accused no. 1 Jayesh @ Teniyo abused them and attacked the complainant with a sword on the right elbow. Popatbhai accused no. 2 also attacked the complainant at the same place. His son Chiman was also attacked by accused no. 1. Laljibhai's nephew attacked his son with a knife as a result of which Chiman fell off the motorcycle. Based on this complaint so lodged, the five accused were charge-sheeted by the learned trial judge for having committed offences under sections 147, 148, 149, 323, 324 read with section 149 and section 326 of the Indian Penal Code.

(3.) By the judgement rendered by the learned Additional Sessions Judge, original accused no. 3 to 5 have been acquitted. As stated earlier, the appellants are the original accused nos. 1 and 2. Accused no. 1 appellant no. 1 herein has been convicted for the offence punishable under section 326 and sentenced to undergo rigorous imprisonment for a period of three years whereas accused no. 2 Popatbhai has been convicted for offence punishable under section 324 and sentenced to undergo rigorous imprisonment for a period of one year.