BHUPENDRABHAI BABUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants-orig. accused have been convicted and sentenced by the learned Addl. Sessions Judge, Vadodara in Sessions Case No. 65 of 1995 vide his judgment and order dated 6. 5. 1999 for the offences punishable under Sections 302, 323, 324, 504, 506 (2) of IPC read with Section 135 of the Bombay Police Act and sentenced them to undergo rigorous imprisonment of three years and fine of Rs. 1000/-, in default, to further undergo imprisonment for three months. The said judgment and order is under challenge in this appeal.

(2.) THE case of the prosecution, in nutshell, is that the the alleged incident had taken place on 11. 6. 1994 when the complainant came back from his job, his father was lying on the cot in front of the house. It is alleged that at about 7. 30 p. m. , the appellant No. 1 armed with an axe and appellant No. 2 armed with stick, who are cousin brothers of the complainant staying nearby, came there and started quarreling as to why the complainant had taken money from them by pledging the Pot and Stove and gave axe blow on the left side of the head behind ear and on the forehead of the complainant's father, who was lying on the cot and caused injury. Both the appellants-accused then tried to assault the complainant and because of fear, the complainant ran away and at that time, the appellants-accused threatened to kill him. The complainant thereafter went to Karjan Police Station and lodged the complaint for the offences punishable under Sections 302, 323, 324, 504 and 506 (2) of IPC read with Section 135 of the Bombay Police Act.

(3.) THE investigation was put into motion and the charge sheet came to be submitted. Since the offence was Sessions triable, it was sent to the Sessions Court, Vadodara, which came to be registered as Sessions Case No. 65 of 1995.