RAJENDRASINGH KANUBHAI ZHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of a judgment and order rendered by City Sessions Court No. 11, Ahmedabad in Sessions Case No. 378 of 1995 on 9. 12. 1996, whereby the appellants came to be convicted by the trial Court for various offences, the details of which will be narrated hereafter.

(2.) ALL the appellants in Criminal Appeal No. 112 of 1997 were the accused in Sessions Case No. 378 of 1995 and they came to be convicted by the trial Court. Appellant No. 2 in Criminal Appeal No. 112 of 1997 preferred Criminal Appeal No. 1107 of 1996 and joined as appellant No. 2 in Criminal Appeal No. 112 of 1997 as well. This Court, by order dated 29. 7. 1997 ordered that Criminal Appeal No. 112 of 1997 cannot be entertained, as far as it relates to appellant No. 2 - Prakash Kiransinh Zhala, as he had already preferred Criminal Appeal No. 1107 of 1996. As a consequence, technically, Criminal Appeal No. 112 of 1997 would stand dismissed, as far as it relates to appellant No. 2 - Prakash Kiransinh Zhala, without making any observation on merits and without prejudice to the merits of his case in Criminal Appeal No. 1107 of 1996.

(3.) THE incident occurred on 10. 8. 1995, at about 7 p. m. , in front of house of Chamanlal Kahar. The appellants started giving abuses. Mahesh, son of Chamanlal Kahar was inside the house. He, therefore, came out of the house and inquired as to why the appellants were giving abuses. That it is the case of the prosecution that the appellants took-up a quarrel and assaulted him, giving kick and fist blows. Suddenly, accused No. 1 - Rajendrasingh Kanubhai Zhala and accused No. 2 Prakash Kiransinh Zhala went into their house and brought knife like iron-spear and gupti respectively and assaulted the deceased with those weapons. It is the case of the prosecution that accused No. 2 caused the bodily injury, whereas accused No. 1 caused hurt to deceased Mahesh in the incident. This incident was witnessed by Chamanlal Kahar, Ratilal Chandulal and Jayashriben Kahar. The FIR was lodged by Chamanlal Kahar, on basis of which offence was registered by Shahpur police station. The case was investigated and chargesheet was filed in the Court of learned Metropolitan Magistrate, Court No. 18, Ahmedabad, who in turn committed the case to the Court of Sessions and Sessions Case No. 378 of 1995 came to be registered.