THAKOR SUKHAJI CHATARAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order of conviction and sentence dated 23-2-2007 passed by the learned Sessions Judge, Patan, in Sessions Case no. 518 of 2002 whereby the present appellants-original accused nos. 1 and 2 came to be convicted and sentenced to suffer (i) 5 years R. I. and fine of Rs. 5000/-, in default, two months S. I. for the offence punishable under Section 307 r. w. Section 114, IPC; (ii) 3 years R. I. and fine of Rs. 3000/- in default, S. I. for two months for the offence punishable under Section 324 r. w. Section 114,ipc and (iii) one years R. I. and fine of Rs. 2000/-, in default S. I. for one month for the offence punishable under Section 323 r. w. Section 114,ipc. All the sentences were ordered to run concurrently and set off was also ordered. The appellants-original accused nos. 1 and 2 were acquitted of the offence punishable under Sections 504, 506 (2) of the Indian Penal Code and Section 135 of the Bombay Police Act. The case against the appellant no. 3 abated as the appellant no. 3 died during pending of the case. The learned Sessions Judge also ordered compensation of Rs. 10,000/- to be paid to the injured Laxmanji Sendaji Thakor from the amount of fine on being deposited. The facts leading to the present appeal can be summarized in nutshell as follows :

(2.) THE incident took place on 9-11-1999 on New Year Day in village Der. It is alleged that the complainant- injured Laxmanji Sendaji returned from his field to his house and when he was about to open the door of his house,the accused no. 1-Sukhaji Chatraji Thakor armed with Dharia, the accused no. 2- Jithaji Chatraji armed with Barchi and the accused no. 3 Chatraji Gopalji armed with a stick came there. The accused Sukhaji Chatraji Thakor caused injury with Dharia on the vital part of the head and also on the little finger of the right hand of the complainant of Laxmanji Sendaji and the finger was cut off, the accused Jithaji Chatraji caused injury with Barchi on the wrist of left hand of Laxmanji as also on the shoulder of his left hand and left ear and a portion of ear was chopped off and the accused Chatraji Gopalji caused injury with stick on left hand shoulder of Laxmanji. As a result of such injuries, the complainant-Laxmanji was profusely bleeding. Hearing the shouts of the complainant-Laxmanji, Galabji Harchandji, Thakor Velaji Babaji, Thakor Devuji Dolaji and Vandaben wife of injured Laxmanji came rushing there to rescue Laxmanji from the accused persons. Soon the accused persons ran away from the spot. It is alleged in the complaint that accused Jitaji has doubted that complainant-injured Laxmanji Sendaji spread rumour in the village that Jitaji had illicit relations with Lilaben wd/o Ramaji Sendaji and so the accused persons had attacked complainant-injured Laxmanji Sendaji. The injured complainant-Laxmanji Sendaji was thereafter shifted to Patan Government Hospital where during treatment police came and complainant lodged complaint.

(3.) ON the basis of the said complaint, offence was registered being CR no. 221 of 1999 before Patan Taluka Police Station for the offences punishable under Sections 307, 323, 324, 504, 506 (2) and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act. Thereafter, investigation was carried out. During investigation all necessary formalities were undertaken and on completion of the investigation charge-sheet was filed for the offences referred to hereinabove, before the learned Judicial Magistrate, First Class, Patan, where it was numbered as Criminal Case no. 424 of 2000. As the offence in question was exclusively triable by the Court of Sessions the case was committed to the Court of Sessions at Mehsana where it was numbered as Sessions Case no. 134/2000. Thereafter, due to formation of Patan District, the said Sessions Case was transferred to Sessions Court at Patan where it was numbered as Sessions Case no. 518 of 2002. The accused no. 3 Chatraji Gopalji died before the transfer of the said case from Mehsana Court to Sessions Court, Patan , and therefore, the case against him had abated. The learned Sessions Judge, Patan, before whom the case was made over for trial framed charge Exh. 11 which was read over and explained to the present appellants-accused. The appellants-accused pleaded not guilty to the charge and claimed to be tried.