BHARATKUMAR RAMANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of conviction and sentence dated 30. 7. 1988 passed by the learned Addl. Sessions Judge, Ahmedabad (Rural) at Narol in Sessions Case No. 28/88, by which the learned Sessions Judge has convicted the present appellants-original accused No. 1 and 2 for the offences punishable under sections 326 and 324 read with section 114 of IPC and and both of them were sentenced to suffer Rigorous Imprisonment for six months for offence under sections 326 and 114 of IPC and to pay fine of Rs. 100/- in default imprisonment for one month. The learned Judge also convicted the appellants-accused for the offences under sections 324 and 114 of IPC and sentenced them to suffer Rigorous Imprisonment for two months and fine of Rs. 100/- in default further imprisonment for 10 days. Both the sentences have been ordered to run concurrently. Being aggrieved by the said judgment and order of conviction and sentence, the present appeal has been preferred by the appellants. This is a cross case of Sessions Case No. 27 of 1988 (Criminal Appeal No. 613 of 1988 ).

(2.) THE case of the prosecution in brief is that the complainant, Dahyabhai Maganbhai Patel was residing at Dehgam. He was running a shop in the name of Mukesh Welding Works. The incident in question took place on 7. 8. 1987 at about 2 p. m. He was told by the owner of Ambica spare parts that at his shop some fight was going on between his brother Mangabhai and Nanubhai Mangabhai, Bharatbhai Patel and Girishkumar. He rushed the spot and found that the fight was going on. He tried to intervene and separate the persons of both the groups and in the scuffle, he received injuries. Number of people gathered there. It is alleged that original accused No. 2-Girishkumar caused injury on the head and hand of injured Mangabhai with iron pipe. It is also alleged that accused Bharatbhai caused injury with iron pipe on the head of Nanubhai. It is also alleged that the complainant-Dahyabhai was also beaten by Bharatbhai by giving 2 to 3 blows by iron pipe on the back of the complainant. It is alleged that the quarrel had taken place as accused Bharatbhai came to urinate near the shop of complainant-Dahyabhai. As Mangabhai raised objection against urinating near his shop, quarrel had taken place. Thereupon complainant-Dahyabhai lodged complaint and thereafter Mangabhai and Nanubhai went to hospital for treatment. After taking primary treatment, complainant-Dahyabhai took the injured Mangabhai and Nanubhai to Civil Hospital at Ahmedabad. On the basis of complaint Exh. 12 lodged by Dahyabhai, offence was registered being CR. No. 176 of 1987 and investigation was carried out by the Investigating Officer. During the investigation, necessary panchnama was drawn including panchnama of scene of offence which was produced in the case in which the cross complaint was filed by deceased Ramanlal. (Criminal Appeal No. 613 of 1988) In both the cases common panchnama of scene of offence was drawn. The Investigating Officer also drawn recovery panchnama of blood stained clothes, weapons etc. The accused were arrested and statements of witnesses were recorded. The Investigating Officer also collected injury certificate of the injured persons. Thereupon investigation of the said case was handed over to Police Inspector, Dehgam and he filed charge sheet for offences under sections 326, 323, 504 and 114 of IPC against the present appellants accused before the learned JMFC , Dehgam and as the learned JMFC has no jurisdiction to try the case for offence under section 209 the learned JMFC passed committal order under section 209 of the Code of Criminal Procedure and the case was committed to the Sessions Court which was numbered as Sessions Case No. 28 of 1988. Charge was framed for the above referred offences at Exh. 3 as the accused did not plead guilty and claimed to be tried. .

(3.) TO prove its case, the prosecution has examined complainant, PW 1, Dahyabhai, Exh. 1, injured Nanubhai Mangabhai, Exh. 16, injured Mangabhai Exh. 17, witness Mukeshbhai Exh. 15, Witness Vishnubhai Chunial Exhy. 18, injured Anwarmiya, Exh. 24, Medical Officer Indrajit Patel, Exh. 25, Medical Officer, Mukesh Batha Exh. 32, IO, PSI Manjeri. Exh. 36 and PSI Natverlal at Exh. 42.