VAGHABHAI HIRABHAI BALYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, by way of preferring the present appeals under Section 374 of the Code of Criminal Procedure, have challenged the judgment and order of their conviction dated 05.04.2016 passed in Sessions Case No. 166 of 2013 by learned 3rd Additional Sessions Judge, Bhavnagar for the offence punishable under Sections 326 and 447 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(2.) As per the prosecution version, the appellants accused were charged for the aforesaid offence as they threatened the complainant and other witnesses with an intention to grab the land of the complainant and thereafter, formed an unlawful assembly with deadly weapons to kill them.

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