HIREN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant - original accused against the judgment and order dated 13.12.2018 passed by learned 4th Additional Sessions Judge, Bhuj - Kachchh in Sessions Case No.13 of 2015 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.2000/-, in default, to undergo further three months simple imprisonment for the offence under section 325 of Indian Penal Code, the appellant is also convicted and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.5000/-, in default, to undergo further six months simple imprisonment for the offence under section 307 of Indian Penal Code. Both the sentences were ordered to run concurrently. The appellant accused was also directed to pay Rs.50,000/- towards compensation to victim - Mitesh Damjibhai Ahir.

(2.) The broad facts of the present case are that on 07.08.2014 during evening hours while the complainant had some quarrel with some unknown persons, at that time, victim Mitesh intervened in the said quarrel and during the course of his intervention, it is alleged that the present appellant accused gave him one blow of wooden log and that was under the heat of passion. Ultimately, the complaint came to be lodged against the accused persons for the offences under sections 307, 325, 504, 506(2) and 114 of Indian Penal Code and section 135 of the G.P.Act.

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