BHARATBHAI KHUSHALBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant -­ original accused against the judgment and order dated 23.4.2001 passed by learned Additional Sessions Judge, Court No. 2, Ahmedabad in Sessions Case No.91 of 1998, whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for three years and six months and to pay fine of Rs.500/-­ in default, further rigorous imprisonment for one month for the offences under section 307 of the Indian Penal Code.

(2.) The short facts giving rise to the present case are that on 15.04.1997 at 13.30 hours, opposite Devdarshan Shopping Centre and also opposite to Mangilal hathi, due to some altercation, the accused No.1-­Bharatbhai Chauhan came with knife (sharp instrument) and stabbed the victim-­ Pramodbhai on his left thigh and also stabbed on the posterior axillary line of limber region, in order to kill him and thereby committed offences punishable under Section 307 read with Section 114 and Sections 504, 506(2) etc. of the Indian Penal Code and Section 135(1) of the Bombay Police Act. Accordingly, a complaint was filed before Vejalpur Police Station.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused person. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.