STATE OF GUJARAT Vs. SUBHASH MAHESHBHAI MAGANBHAIKOLI PATEL

JUDGEMENT

(1.) BOTH these appeals arise out of a common judgment and order dated 6. 2. 1997 rendered by learned Additional Sessions Judge, Valsad at Navsari ('learned trial Judge', for short) in Sessions Case No. 62 of 1994. The learned trial Judge by virtue of the impugned judgment and order convicted the respondent - accused No. 1 Subhash alias Maheshbhai Maganbhai Koli Patel for the offences punishable under Sections 304 Part II and 324 of the Indian Penal Code ('ipc', for short) and awarded sentence of R. I for 4 years and fine of Rs. 500/-, in default S. I for 2 months for the offence punishable under Section 304 Part II of the IPC and R. I for 6 months and fine of Rs. 300/-, in default to undergo S. I for 15 days for the offence punishable under Section 324 of the IPC. By virtue of the impugned judgment and order, the learned trial Judge recorded conviction of respondent - accused No. 2 Manoj alias Munno Maganbhai Koli Patel for the offence punishable under Section 323 of the IPC and awarded sentence of S. I for 3 months and fine of Rs. 300/-, in default to undergo S. I for 15 days for the offence punishable under Section 323 of the IPC.

(2.) THE prosecution case in nutshell is that the incident occurred between 19. 30 to 19. 45 hours on dated 30. 3. 1994 in Village Dhanori, District Valsad. Some quarrel took place for not taking Falguni, the daughter of witness Bhanabhai to dispensary and not sending Vanita, the wife of witness Bhanabhai at her maternal house. It is alleged that in the quarrel, the respondent - accused No. 1 Subhash intervened and inflicted knife blow on the back of deceased Ambubhai and inflicted a knife blow on the hand of first informant Sureshbhai and that the deceased Ambubhai was caught hold of by the respondent - accused No. 2 Manoj and caused simple injury on his throat. First informant Sureshbhai Bhanubhai lodged FIR in connection with this offence. Offence was registered and the police commenced investigation, statements of material witnesses were recorded and weapon- knife was recovered by drawing panchnama. Dead-body of the deceased was sent for post-mortem. After receiving PM report and FSL report, police filed chargesheet in the Court of learned JMFC, Valsad against both the accused persons for the offences punishable under Sections 302, 324, 323 read with Section 114 of the IPC and for the offence punishable under Section 135 of the Bombay Police Act. Since, the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of sessions, which came to be registered as Sessions Case No. 62 of 1994.

(3.) THE learned trial Judge framed charge at Exh. 1 against both the accused for the offences punishable under Sections 302, 324, 323 read with Section 114 of the IPC and Section 135 of the Bombay Police Act, to which both the accused persons did not plead guilty and claimed to be tried.