HARIJAN MADHAVBHAI TEJABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order of conviction dated 17. 05. 1996 passed by the Additional Sessions Judge, Junagadh in Sessions Case No. 51 of 1992, whereby the appellant - accused has been convicted of the charges leveled against him u/s 186 and 332 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 22. 02. 1992 at about 9. 00 am the complainant who was serving as unarmed Head Constable in Sarsai outpost went to village Haripur along with Jamadar Bhanubhai Patel to serve summons upon concerned persons. They thereafter reached village Monpari at about 1400 hours to serve warrant upon the accused. The complainant and the Jamadar went to Panchayat Office and asked the peon to call the accused but the accused did not turn up. Therefore both of them went to Harijanvas where the accused used to reside. The accused came out of his house in an inebriated state. The complainant therefore called two panchas and prepared a panchnama. In the midst of all these the accused tried to run away but the complainant followed him. The accused suddenly picked up a stone and hit it on the face of the complainant as a result of which two teeth of the complainant were shaken and started bleeding.

(3.) MR. Munshi, learned advocate appearing for the appellant has drawn the attention of this court to the order dated 01. 11. 2007 wherein this court had called for the Report from the District Probation Officer. He has submitted that even otherwise the appellant is now aged and almost 17 years have passed after the incident. He has submitted that the appellant is suffering from T. B and therefore this court may take a sympathetic view of the matter and reduce the sentence.