STATE OF GUJARAT Vs. BHANGI PASHABHAI NATHABHAI

JUDGEMENT

(1.) THE matter was adjourned time and again. Upon inquiry from the Jail, through learned A. P. P. , the accused stated that he has not preferred any appeal against the order of the conviction passed by the learned Trial Court. Therefore this matter is taken up for hearing.

(2.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 20. 1. 2009, passed by the learned Sessions Judge 3rd Fast Track Court, Mehsana in Sessions Case No. 152 of 2008 whereby the accused has been convicted under Section 304- II of I. P. C and sentenced the accused to undergo R. I. for 7 years and fien of Rs. 2000/- in default R. I. for 18 months, under Section 322 of I. P. C. sentenced to undergo R. I. for 6 months and fine of Rs. 500/- in default R. I. for 1 month , under Section 337 of I. P. C. sentenced to undergo R. I. for 1 month and fine of Rs. 100/- in default to undergo R. I. for 5 days, under Section 504 of I. P. C. sentenced to undergo R. I. for 6 months and fine of Rs. 500/- and in default undergo R. I. for 1 month, under Section 135 of Bombay Police Act and sentenced to undergo R. I. for 6 months and fine of Rs. 50/- in default to undergo R. I. for 1 month. The accused has been acquitted from the offence punishable under Section 302 of I. P. C.

(3.) THE brief facts of the prosecution case are as under: the complainant Puriben N. bhangi is residing at Vadu Village in Bhangiwas with her family. On 15. 2. 2008, at 12:00 p. m. , her elder son Pashabhai came there, he had a habit of drinking liquor and abused her husband and inflicted brick blow on his head. Due to this blood was oozing from his head. Thereafter she went to the dispensary of Dr. Mukeshbhai with her son Jasubhai, daughter in law Savitaben and nephew Kaliben. Again her son Pashabhai came ther and abused them and inflicted stick blow on Savitaben wife of Jasubhai, but Jasubhai intervened and due to this he he received injuries on his head. Blood started oozing and he become unconscious. Accused also inflicted stick blow on the legs of Savitaben. Injured Nathabhai and Jasubhai admitted in the dispensary of Dr. Mukeshbhai. From there they have been shifted to Kalol Government Hospital and then Ahmedabad Civil Hospital. The complainant been informed Sureshbhai Shankarbhai that Jasubhai was died in Ahmedabad Civil Hospital at about 11:30 hours.