THAKORE BABUJI CHELAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANTS are original accused Nos. 2, 3, 4, 6, 7, 8 and 9 in Sessions Case No. 125/86. By the judgment and order dated 25h April 1988, the appellants were convicted under section 323, 326 and 325 of the Indian Penal Code. During the pendency of the appeal, appellant Nos. 2 and 3 i. e. original accused Nos. 3 and 4 respectively having expired, appeal has abated qua these appellants. Insofar as remaining appellants are concerned, appellant Nos. 1, 4, 5 and 6 were convicted for offence punishable under section 323 of Indian Penal Code and sentenced to one month of simple imprisonment and fine was also imposed on them. So far as appellant No. 7 is concerned, he was convicted for offence under section 326 of the Indian Penal Code and sentenced to simple imprisonment of six months.

(2.) AS per charge Ex. 6, it was alleged against the original accused that on 7th July 1985 between 9. 00 to 10. 00 O' clock in the morning, the accused persons armed with dharia, sticks, bow and arrow, etc. with the intention of committing robbery attacked the complainant Kumbhaji Mansangji and caused grievous injuries to the complainant as well as to other injured eye-witnesses. The accused also took away utensils and other items from the house of the complainant and other witnesses. They also took away food-grains and thereby committed offence of robbery. It may be noted that though specifically no reference to offence under section 323, 324 and 326 of the IPC was made in the charge, it was clearly alleged that the accused had, with deadly weapons, caused grievous hurt.

(3.) ALL the accused were acquitted for offence punishable under section 395, but were found guilty of offence punishable under sections 323 or 326 of the Indian Penal Code as noted above.