JAHID HARUNBHAI KHOKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by the learned Sessions Judge, Bhavnagar, in Sessions Case No. 162/2003, dated 6th March, 2005, whereby the learned Sessions Judge convicted the appellant-accused No. 1 for the offences punishable under Sections 307, 324 and 504 of the Indian Penal Code and was sentenced to undergo R. I. for eight years and fine of Rs. 20,000/-, in default, to undergo S. I. for two years, and R. I. for six months and R. I. for six months for the offences punishable under Sections 307, 324 and 504 of the Indian Penal Code respectively; whereas the appellants-accused Nos. 2 and 3 came to be convicted for the offences punishable under Section 323 of the Indian Penal Code and each of them was sentenced to undergo R. I. for seven days.

(2.) THE case of the prosecution, in nutshell, is as under: the incident took place on 13. 5. 2003 at about 10. 30 A. M. , near the house of appellant No. 1 and the house of father of first informant Mukeshbhai in Bhavnagar city. It is the case of the prosecution that before about six months from the date of the incident, appellant No. 1-Jahid had abducted the sister of the first informant. That, at that time, no police compliant was lodged, but, after sometime, both- appellant No. 1 and the sister of the first informant were found out. That, keeping this grudge in mind, on the date and time of the incident, accused No. 1 abused first informant Mukeshbhai and inflicted knife blow on the right side chest of Mukeshbhai and also inflicted 2nd blow on the right side forearm of injured Mukeshbhai. It is the case of the prosecution that at the time of the incident, appellants No. 2 and 3 inflicted fist and kick blows on the body of Mukeshbhai. Injured Mukeshbhai was removed to hospital and he lodged first information report before the police. Police investigation was commenced, statements of witnesses were recorded, weapon knife was recovered, necessary medical certificates of injured Mukeshbhai were received from the hospital. After completion of the investigation, police filed charge sheet in the Court of learned J. M. F. C. Bhavnagar for the offences punishable under Sections 307, 324, 323, 504 r. w. section 34 of the Indian Penal Code and 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, Bhavnagar.

(3.) THE learned Sessions Judge framed charge at Exh. 3. When the charge was read over to the appellants-accused, they did not admit the offence and claimed to be tried. Therefore, the prosecution adduced its oral as well as documentary evidence. After the evidence was completed by the prosecution, the learned Sessions Judge recorded further statements of the accused under Section 313 of the Code of Criminal Procedure, wherein generally the accused denied all the allegations levelled against them and stated that they were falsely implicated in this offence.