PRABHATSINH RAMSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 22nd November, 1999 passed by the learned Addl. Sessions Judge, panchmahals at Godhra in Sessions Case No. 149 of 1998 whereby the appellant-original accused No. 1 was convicted and sentenced to undergo imprisonment for three years with a fine of Rs. 500/-, in default, to undergo further six months rigorous imprisonment for the offences under Secs. 332, 333 and 504 of IPC. Original accused No. 2 was however acquitted of all the charges levelled against him.

(2.) THE case in short is that the complainant was serving as an Assistant Teacher in Primary School at Ladvel. On 12-1-1997 at about 4. 30 p. m. , the present appellant-original accused No. 1 along with the original accused No. 2 came to the complainant Manilal Prabhulal Patel for collecting the money towards Navatri festival celebrations. When the complainant asked them to come on the next day, the accused No. 2 got excited and inflicted fist and kick blows on the complainant and also bite on his right cheek. When other teachers gathered there, the accused left the scene of offence. Therefore, a complaint was filed by the complainant before Kothamba Police Station. The offence was then registered and during the course of investigation, arrested the accused and at the end of investigation, charge sheet was submitted in the Court of learned Judicial Magistrate (First Class), Lunavada.

(3.) AS the offence was Sessions Triable case, the learned Magistrate committed the case to the Court of Sessions, Panchmahals at Godhra, and case was allotted to learned Addl. Sessions Judge for disposal on merits. The learned Addl. Sessions Judge framed charge against the accused at Ex. 3. The charge was read over and explained to the accused. The accused denied all the charges and pleaded to be tried. Hence, the prosecution was asked to prove the guilt against the accused.