MUKESHBHAI MELIYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is preferred under Section 374 of the Code of Criminal Procedure against the judgment and order delivered by learned Additional Sessions Judge, 9th Fast Track Court, Surat, on 31st of August, 2004, in Sessions Case No. 39 of 2004. The present appellant was the accused in the said Sessions Case and was convicted and sentenced by the Trial Court. The appellant was convicted under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,000/-, in default, to undergo simple imprisonment for six months. He was also convicted for the offence punishable under Section 506 (2) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 250/- in default to undergo simple imprisonment of two months. He was also convicted for the offence punishable under Section 509 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 250/- in default to undergo simple imprisonment of two months. Being aggrieved by his conviction and sentence, this Appeal is preferred by the appellant - accused.

(2.) AS per the brief facts of the case, victim and injured in this case is one Sumitraben, wife of Amratbhai Parshottambhai Vasava. She was staying at village Nogama, Taluka - Mandvi, District - Surat with her husband and children. She was doing agricultural labour work. She had two sons and a daughter out of the wedlock with Amratbhai. Accused happened to be her neighbour and was seeing the victim with ill eyes. The accused frequently was putting illicit demands to the victim lady and victim lady Sumitraben was persuading the accused that she had her family with children and why the accused, who also was married, was harassing her. Ultimately, on 28. 01. 2004, both husband and wife had been to agricultural labour and returned to the village at about 5. 00 p. m. She was sitting in her courtyard of the house in the evening at about 6. 00 p. m. and was all alone. To take disadvantage of aloofness of victim, the accused jumped in the said courtyard from outside along with the dharia and forcibly made illicit demands. He caught the hand of the victim and attempted to drag her. Victim Sumitraben resisted and, therefore, the accused inflicted dharia blows on victim Sumitraben. According to her, at least, she received four blows of dharia. According to medical evidence, the victim had following injuries : right hand excised from writ 06 cms long CLW on middle of parietal occipital region. Left elbow fracture Left elbow lateral aspect puncture wound she has also taken treatment from Surat. Accordingly, her right hand excised from wrist while there was fracture on left elbow. In all there were four injuries. After the incident occurred, her husband and her uncle came at the courtyard and the accused ran away from the spot after taking the dharia with him. The victim gave the complaint on 28th of January, 2004 before In-charge Police Inspector, Mandvi Police Station. A crime was registered and a charge sheet was filed against the accused for the above said offence and the case was committed to the Court of Sessions.

(3.) CHARGE was framed against the accused on 14th of May, 2005 by Additional Sessions Judge and Fast Track Court a Surat, vide Exhibit-3, to which the accused pleaded not guilty and, hence, prosecution examined as many as 12 witnesses and produced on record documentary evidence as well. Incriminating circumstances against the accused were put to him and his statement was recorded under Section 313 of the Code of Criminal Procedure by the Trial Court whereby the defence of the accused was of total denial. After hearing the prosecution as well as defence, the learned Trial Judge came to the above conclusion and, hence, the present Appeal.