DADUBHAI DEHABHAI KATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Code') against judgment and order dated 18.04.1995 passed by the learned Additional Sessions Judge, Surendranagar in Sessions Case No. 104 of 1993 by which, the learned Judge convicted appellant Nos. 1 and 2 (original accused Nos. 1 and 2) for the offence punishable under Section 326 read with Section 34 of I.P.C. for R.I. of 3 years and fine of Rs. 3000/ - each, in default, R.I. of one year. The complainant was awarded Rs. 4000/ - towards compensation by the learned Judge under Section 357(1)(b) of the Code.

(2.) AS per the prosecution case, the complainant, on 03.09.1993 at about 4:50 pm., had gone to his field and while he was coming back at about 7:30 pm., he was assaulted by the appellants. As per the prosecution case, appellant No. 1, who was armed with dharia, gave dharia blow on the head of the complainant while appellant No. 2, who was armed with farsi, gave farsi blow on the leg of the complainant. Original accused Nos. 3 and 4, who came to be acquitted by the learned Judge were present at the scene of offence and they instigated the appellants. When the incident took place, Teja Virambhai, nephew of the complainant, was accompanying him and he had seen the incident. After sustaining the injuries, the complainant was taken to his residence and from there, he was shifted to Sayla hospital where, he lodged complaint against the appellants. The investigation was carried out by Arvindsinh S. Zala -P.S.I., Surendranagar in pursuance of the complaint given by Gabhrubhai to the police sub -inspector, Sayla police station. At the conclusion of the investigation, the investigating officer submitted chargesheet against the appellants and two other accused persons, who were acquitted by the learned Judge for the offence punishable under Section 307 read with Section 34 of I.P.C. The chargesheet was submitted before the learned Magistrate, Sayla, who in turn, committed the case to the Sessions Court as the case was exclusively triable by the Sessions Court. The charge against the appellants was framed vide Exh.3 and the appellants pleaded not guilty to the charge levelled against them. Therefore, the matter was set down for full -fledged trial before the learned Sessions Court.

(3.) THE prosecution has examined following witnesses in order to prove guilt of the appellants in the commission of offence. <FRM>JUDGEMENT_221_LAWS(GJH)10_20091.html</FRM>