MANUBHAI HARJIBHAI HARIJAN SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant challenged his conviction recorded by learned Fast Track Court Judge, Gondal camp at Upleta on 15.06.2006 in Sessions Case No. 169 of 1995 for the commission of offences punishable under Sections 307 and 324 of the Indian Penal Code ('IPC', for short) and was sentenced to undergo R.I for six years and fine of Rs. 1000/ - and in default of payment of fine, S.I for three months for the offence punishable under Setion 307 of the IPC and R.I for one year and fine of Rs. 500/ - and in default of payment of fine, S.I for one month for the offence punishable under Section 324 of the IPC.

(2.) THE prosecution case in nutshell is that the incident occurred on 19.6.1995 and on the day of the incident, it is alleged that the appellant caused serious injuries to injured Danabhai Chanabhai Parmar, with knife. Regarding the incident, FIR came to be lodged by wife of the injured, named, Shantaben Danaben Parmar before police. Investigation was commenced and after collecting relevant material for the lodgment of chargesheet, the chargesheet came to be lodged in the Court of ld.JMFC, Upleta. Since the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions, Gondal camp at Upleta, which came to be registered as Sessions Case No. 169 of 1995.

(3.) THE learned trial Judge framed charge at Exh.1 against the accused for the offences punishable under Sections 307, 324 of the IPC, to which he did not plead guilty and claimed to be tried. After conclusion of trial, the ld.trial Judge evaluating the evidence on record and considering the submissions made on behalf of both the sides, recorded conviction of the appellant for the offence punishable under Sections 307 and 324 of the IPC, and awarded the sentence as hereinabove referred to in this judgment.