MUTRUJA PIRUMIYA SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 374(2) of the Code of Criminal Procedure challenging the judgment and order of conviction dated 17.01.2005 passed in Sessions Case No. 141 of 2002 by learned Additional Sessions Judge, Patan, whereby for the offence punishable under Section 316 of the Indian Penal Code (hereinafter referred to as "IPC" for short), the appellant was sentenced to undergo rigorous imprisonment for a period of five years and ordered to pay Rs.5000/- as fine and in default of payment of fine, simple imprisonment for a period of two years was imposed, whereas for the offence punishable under Section 323 of IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of three months. Both the sentences were ordered to run concurrently.

(2.) Precisely, the case of the prosecution is that on 14.01.1997, during Kite Festival (Uttarayan), one flying kite came nearby the house of the complainant - victim - Chanchiben. At that time, the appellant - accused intercepted and pushed the victim, due to which, she fell down and thereafter, gave her 2-3 kick & fist blows. The father of the victim intervened to whom also the accused assaulted. At the relevant time, the complainant was pregnant and the incident resulted into her miscarriage. Thereby, the appellant committed an offence punishable under Sections 316 and 323 of IPC.

(3.) Investigation was carried out and charge-sheet came to be filed against the accused in the Court of learned Magistrate. As the case was sessions triable, the same was committed to the Court of Sessions. Thereafter, charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.