LAXMAN VIRJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 586 of 1994, by the original accused no. 1 is directed against the judgement and order of conviction dated 12. 05. 1994 passed by the Additional Sessions Judge, Gondal in Sessions Case No. 18 of 1987, whereby the appellant - accused no. 1 has been convicted of the charges leveled against him u/s 307 r/w section 34 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 16. 10. 1986 at about 5. 00 pm the complainant and one Babubhai Kanabhai were on their way on a motorcycle to the complainant's Vadi situated in the sim of the village Devla. When they reached Paneliya bridge they saw the accused standing on the road. Three motorcycles were also parked on the road. The accused persons started the motorcycles and chased the complainant who was speeding ahead after seeing the accused. The appellants fired gun shots on the accused. The shot injured the chest and arm pit of the witness Babu Kana who was riding pillion. He therefore fell down on the road from the running motorcycle which resulted into abrasions on his shoulder, hands and leg. The injured witness was taken to primary health centre and was treated.

(3.) MR. K. B. Anandjiwala, learned Senior Counsel appearing for the appellants has taken this court to the evidence of the witnesses by which their presence is proved. He has drawn the attention of this court to the medical evidence of Dr. Janmashankar Ambashankar P. W 15 Ex. 61 and submitted that the injuries were not fatal and therefore the conviction of the appellants under section 307 is bad in law. The injuries were stated to be superficial in nature. He has submitted that the trial court has wrongly convicted the accused under section 307 of Indian Penal Code.