BHAVESHKUMAR BHANUSHANKER PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants challenge the judgment and order rendered by the 9th Fast Track Court at Rajpipala, in Sessions Case No. 33/2003, dated 16th April, 2005, convicting them for the offences punishable under Section 307 r. w. Section 114 of the Indian Penal Code and sentencing both of them to undergo R. I for a period of ten years and to pay a fine of Rs. 1,000/-, in default, to undergo S. I for three months.

(2.) THE allegations against the appellants were that on 27th August, 2002, around 9. 30 p. m. , they assaulted Atulkumar Govindbhai Patel with a knife and a pipe, when the injured went to them calling for repayment of Rs. 6,000/- lent to appellant No. 1 by the injured, about three months prior to the incident. It is the case of the prosecution that when injured Atulkumar went there and demanded repayment of money, appellant No. 1 became angry and inflicted two knife blows in the abdominal part of the injured. At that time, appellant No. 2 also came and inflicted a pipe blow on the back of the injured. Jayeshbhai, brother of injured Atulkumar, was in the vicinity. He, therefore, came rushing to the place, tried to prevent appellant No. 2 from giving further pipe blows and took away injured Atulkumar to the Civil Hospital at Rajpipala, where he came to be treated. On the next day, i. e. 28. 8. 2002, injured Atulkumar was referred to SSG Hospital at Vadodara for treatment. He was treated there as an indoor patient for about one-and-a-half months and had to undergo two surgeries. The police was informed by Jayeshbhai by lodging FIR, on the basis of which, offence was registered and investigated. The police, having found sufficient evidence, filed charge sheet in the Court of learned J. M. F. C. , Rajpipala, who, in turn, committed the case to the Court of Sessions, as the offence was triable by the Court of Sessions exclusively, and Sessions Case No. 33/2003 came to be registered.

(3.) CHARGE was framed against the appellants at Exh. 2 for the offences punishable under Section 307 r. w. Section 114 of the Indian Penal Code and Section 135 of the Bombay Police Act, which came to be altered later on. The accused persons pleaded not guilty to the charge and claimed to be tried. 3. 1 On the basis of the evidence led by the prosecution, the trial Court came to the conclusion that the prosecution was successful in establishing the charge of offence punishable under Section 307 r. w. Section 114 IPC and sentenced both the accused-appellants to undergo R. I for ten years and to pay a fine of Rs. 1,000/-, in default to undergo S. I for three months. Hence, this appeal.