MAYABHAI KACHRABHAI JAMGADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal has been filed by the appellant-original accused challenging the impugned judgment and order dated 21. 1. 2009 passed by the learned Principal District and Sessions Judge, Probandar in Sessions Case No. 17 of 2008 by which the appellant was convicted for offence under section 307 of IPC and under section 135 of the Bombay Police Act and sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 10,000/-, in default simple imprisonment for six months.

(2.) IN brief, it is the case of the prosecution that complainant-Karsanbhai Nathabhai who has been injured by his brother-in-law was admitted in Bhavsinghji Hospital and a complaint was lodged by the complainant before Udyognagar police station for offence under section 307 of IPC which was registered as CR. I-80 of 2007. The present appellant-accused-Mayabhai Kachrabhai got married with Budhiben, sister of the complainant. As Budhiben came from her matrimonial home to her brother's house because of some quarrel took place between her and her husband. It is alleged that accused Mayabhai Kachrabhai gone to the house of the complainant and at that time, complainant and his brother Palabhai Nathabhai and his cousin brother Haribhai Rayde were present in the house. It is alleged that the complainant told the accused that he will not send his sister Budhiben to his house as she is tortured and harassed by the accused. On saying so by the complainant, the accused suddenly got excited and he took off a knife from his 'nefa' and caused injuries to the complainant as well as his brother Palabhai who came to rescue the complainant and thereafter the accused ran away from the spot. After registering the offence, investigation was carried out and charge sheet was filed for offence under section 307 of IPC and under section 135 of the Bombay Police Act before the court of learned Judicial Magistrate First Class, Porbandar. As the learned Magistrate has no jurisdiction to try the case for offence under section 307, the learned JMFC passed committal order under section 209 of the Code of Criminal Procedure and the case was committed to the court of Sessions at Porbandar. The said case was numbered as Sessions Case No. 17 of 2008. The learned Sessions Judge framed charge at Exh. 4 for the above referred offence and read over the same to the accused and as the accused has not pleaded guilty and claimed to be tried, the prosecution was asked to lead its evidence.

(3.) TO prove its case, the prosecution has examined as many as nine witnesses including the injured complainant, injured Palabhai, the Medical Officer, relevant Panchas, Investigating Officer and others. To prove its case, the prosecution has also produced documentary evidence i. e. the complaint, medical certificate of the injured person, panchnama of scene of offence, panchnama of recovery of blood stained clothes, FSL report and Notification issued by the District Magistrate, Probandar under section 135 of the Bombay Police Act.