KISHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals emanates from the judgment and order on conviction dated 01.06.2004 rendered by learned Additional Sessions Judge, 6th Fast Track Court, Veraval in Sessions Case No.316 of 1999, whereunder, the accused came to be convicted for the offence punishable under Section 328 of Indian Penal Code ("I.P. Code" for short) and is sentenced to suffer rigorous imprisonment for 3.5 years and to pay a fine of Rs.2000/-, in default whereof, to suffer further simple imprisonment for 9 months.

(2.) The accused has preferred Criminal Appeal No.965 of 2004 to question his conviction while the State has preferred Criminal Appeal No.2472 of 2005 for enhancement of sentence.

(3.) The case of the prosecution as could be gathered from the impugned judgment and connected material is that on 26.09.1997 at about 9.00 a.m., Harjivanbhai Bhikhabhai (P.W.1) was going to his field. At that time, the appellant spread spray on the face of P.W.1 on account of earlier enmity with regard to quarrel with Dharmendra Ramji, nephew of P.W.1, with the appellant and other 4-5 persons. As a result of the spray, P.W.1 became unconscious, and thereafter, the appellant inserted small raw coconut of the size of mousambi in the anus of P.W.1 and thereby caused injury. P.W.3, Mohanbhai Bariya, who is the brother of P.W.1, took him to the hospital. P.W.1 after gaining consciousness filed a complaint on basis of which Exhibit-19 FIR was registered with Una Police Station for the offence punishable under Section 328 of I.P. Code.