SURSINH OGHADBHAI VALA KARADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under Section 374 of the Code of Criminal Procedure 1973 (Code for short) arising out of judgment and order of conviction dated 31.5.2006 passed by the learned Presiding Officer, Fast Track Court, Veraval in Sessions Case No.33 of 2002, whereby and where-under the appellant came to be convicted for the offences punishable under Section 333 of the Indian Penal code ("I.P. Code" for short). Learned trial judge has acquitted the appellant for the offences punishable under Sections 332, 504, 506(2) of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(2.) The prosecution case against the appellant from the impugned judgment is that Laljibhai Haribhai-PW-9 was working as a driver with the Veraval ST Depot. On 20.9.1999, he was on duty as driver of the ST bus of Veraval to Morasa route. He started from Veraval for going to Morasa at about 13:30 hours. Nebhabhai Virambhai Kuchadiya-PW-10 was the conductor of the said bus. While, the bus was returning from Veraval to Morasa, at that time at about 15:30 hours near village Prashavada, the appellant came with his tractor from the opposite direction. The PW-9, therefore took the bus on the side to make way for the tractor to pass. At the same-time, the PW-9 asked the appellant to take his tractor on his side which enraged the appellant and he started hurling invectives to the PW-9, who asked him not to do so. The appellant therefore, alighted from his tractor with tomy and inflicted a blow on the left hand wrist of PW-9 after opening the door of the driver cabin. PW-10 and other passengers intervened and saved PW-9. The appellant while leaving, threaten the PW-9 with his life, if he passed from the same route. PW-9 lodged the complaint with Surtapada Police Station in respect of this incident, which was registered vide I-C.R.No.0092 of 99, for the offences punishable under Sections 333, 332, 504, 506(2), 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) Investigation ensued pursuant to the First Information Report and upon conclusion of the investigation, charge-sheet came to be laid against the appellant in the Court of learned Judicial Magistrate First Class, Veraval. The learned Magistrate committed the case to the Session Case under Section 209 of the Code as the offences committed by the appellant were exhaustively triable by the Court of Sessions. Upon committal, the case came to be registered as Sessions Case No.33 of 2002 in the Court of learned Additional Sessions Judge, Veraval.