GANPATBHAI MAHIJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is submitted under Section 374(2) of the Code of Criminal Procedure against the Judgment and Order passed by the learned Additional Sessions Judge, Bharuch dated 31.07.2001.

(2.) The factual background from which the present Criminal Appeal has arisen is that it is the case of the complainant Bharatbhai Ramsang Vasava that he is a permanent resident of Village Kesula, District Bharuch and staying there with his family members. On 08.12.1997 at about 9:00 to 10:00 am the sister-in-law of the complainant has gone to fetch the water from well and at that point of time accused Ganpat Mahiji Moti Mahiji, Kalpesh Moti and Mohan happened to be brother-in-law of the Motibhai came to the well and picked up a quarrel with the sister-inlaw of the complainant and asked her as to why she has come to fetch water from this well. Upon shouting, quarrel took place and the complainant along with his brother Pravin went to the well where they show the accused persons using filthy and abusive language to the sisterin-law of the complainant and therefore requested the accused not to use such language and upon such, the accused persons namely Ganpat was armed with a stick , accused no, 2 Motibhai was armed with Axe, accused Kalpesh armed with iron pipe and accused Mohan was having a stick assaulted complainant and accused Motibhai stated to have inflicted an Axe blow on the head of the complainant. As a result of which the blood started oozing form the head and the complainant fell down.

(3.) It has further been alleged that at that point of time accused Kalpesh and Mohan caught hold the brother of the complainant Pravin and accused Ganpath inflicted stick blow on his head and at that point of time the accused Ganpath and Motibhai were instigating them even Kalpesh and Mohanbhai bite the sister-in-law on various parts of the body and since profuse bleeding was with the complainant and upon her such cries people from the surrounding area gathered rushed down to the spot and the injureds were taken to Bharuch Civil Hospital where the complainant received six stitches while Pravin and sister-in-law of the complainant were discharged after providing first aid treatment.