STATE OF GUJARAT Vs. ARJANBHAI KALABHAI RABARI

JUDGEMENT

(1.) BY filing the present appeal, the appellant State has challenged the judgment and order dated 8. 10. 1998 passed by learned Additional Sessions Judge, Nadiad in Special Case No. 13 of 1998 whereby learned Sessions Judge convicted both the accused for the offence under Section 452 of IPC and sentenced him to simple imprisonment to the extent already undergone by him as undertrial prisoner and fine of Rs. 500/-, in default, sentence of simple imprisonment for one week.

(2.) THE facts of the case in brief are that the complainant Bhavnaben Bhupendrabhai Mochi filed the complaint in Khambhat Rural Police Station on 10. 1. 1998 to the effect that the complainant and her husband were residing in the house of the accused Arjanbhai on rent. At about 2. 30 in the afternoon, when the complainant and her husband were at their house, the accused Arjanbhai, his son Bharatbhai and his brother Chehabhai entered their house by speaking filthy language and inflicted two blows on the chest of the complainant. On her husband intervening, the accused inflicted blows on him also and threw the household articles outside and threatened them to vacate the house or they shall be done to death. On the basis of the said complaint, the police registered the same and after investigation, arrested the accused and submitted the chargesheet in the court of Sessions.

(3.) THE Sessions Court framed the charge and on the accused denying the allegations and claiming to be tried, the evidences of complainant's side were recorded, further statement of the accused was recorded under Section 313 of the Criminal Procedure Code and after hearing learned advocates for the parties, learned Sessions Judge came to the conclusion, as stated above, against which the present appeal is filed by the State.