RUPSINH BHIMJIBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PREVIOUSLY, when the matter was fixed for hearing, learned advocate for the appellant was not present. Today also, learned advocate is not present when the matter was called out once in the first session and twice in the second session. Today, when the matter was lastly called out, learned APP Ms. Manisha Lavkumar assisted the Court in deciding this appeal, as the Court thought it fit to dispose of it, because the matter is of year 1988.

(2.) THE present appellant-accused has been convicted and sentenced by the learned Sessions Judge, Narol, in Sessions Case No. 24 of 1988 for the offences punishable under Sections 323 of IPC and ordered him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 250/-, in default, to further undergo rigorous imprisonment for 15 days. By the said judgment and order, the learned Judge acquitted accused Nos. 2 to 4. The said judgment and order is challenged by the present appellant in the present appeal.

(3.) THE prosecution case is that the incident has taken place on 21. 10. 1987 at around 6. 00 p. m. at village Godhavi, Taluka Sanand, District Ahmedabad. It is the case that the the parties had a common Wada where the complainant had constructed his own house about 25 years prior to the occurrence of the incident. It is alleged that the appellant-original accused No. 1, who is the paternal uncle of the complainant had constructed his house in the vicinity of the house of the complainant subsequently and he claimed the right of way from near the house of the accused.