MUNNAVAR HASAN TELAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred by the appellant-original accused, who has been convicted vide judgment and order dated 12th may, 1995 passed in Sessions Case No. 134 of 1991 by the learned Sessions Judge, Bharuch, for the offences punishable under Secs. 324 and 504 of IPC and Sec. 135 of B. P. Act and has been sentenced to suffer SI for one year and to pay fine of Rs. 200/-, in default to suffer further 15 days SI for the offence under Sec. 324, to suffer SI for three months for the offence under Sec. 504 of IPC and also to suffer SI for one month for the offence under Sec. 135 of B. P. Act. All the sentences were ordered to run concurrently.

(2.) THE case in short is that on 28-8-1990 at about 8 a. m. near the bus-stand of Sambha Village, as 2-3 passengers got on top of the bus, the conductor of the bus stopped the bus for enabling them to get into the bus. Since the accused Munavar Hassan started abusing the Conductor, one Jayantibhai Fatesingh, who was a passenger in the said bus, asked him not to use abusive language. Upon this, the accused became furious and gave kick blows on Jayantibhai throwing him out from the bus. He then got down from the bus and took out a knife and gave knife blows on the backside portion of his body including thigh and left elbow. Since Jayantibhai received serious injuries, he was taken to the hospital for giving treatment and complaint was given by Fatesingh to Kavi Police Station which was registered for the offences punishable under Secs. 324 and 504 of IPC and Sec. 135 of B. P. C. Act. Based on the said complaint, statement of Jayantibhai Fatesingh and other witnesses were recorded and panchnama of scene of offence was also drawn. The accused has also filed a cross complaint against the complainant side for the offences punishable under Secs. 148, 149, 307, 323, 326 and 504 of IPC and Sec. 135 of B. P. Act.

(3.) AT the end of investigation, charge sheet in the present case was filed for the offence punishable under Secs. 324 and 504 of IPC and Sec. 135 of B. P. Act against the accused before the learned Judicial Magistrate (First Class), Jambhusar. As the offence was exclusively triable by Court of Sessions, case was committed to the Court of Sessions at Bharuch where it was numbered as Sessions Case No. 134 of 1991 and charge was framed at Ex. 4. The cross case was also sent to the Sessions Court for trial. The accused pleaded not guilty and claimed to be tried.