DHANSUKH CHHOTALAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at instance of the original accused in Sessions Case No. 71 of 1987 which was on the file of the Additional Sessions Judge Nadiad.

(2.) The case of the prosecution shortly stated was as under:

(3.) Accused Nos. 1 and 2 are father and mother respectively of accused Nos. 3 and 4. An incident had taken place at about 5.15 P.M. on 3-12-1986 at the entrance of Vohravad Dakore. At that time the complainant was after leaving her school going towards the house. She saw that all the accused had assembled at the corner of the pole. The prosecution had alleged that on seeing the complainant accused uttered threatening words to her. Prosecution had alleged that accused No. 2 Ansuyaben was beating the complainant with her hands. In the meanwhile Bhadrasinh the deceased husband of the complainant came on the scene riding a cycle for the purpose of going to his house. As soon as deceased Bhadrasinh came near the scene of offence accused No. 1 started to beat the deceased by inflicting blows with a stick. At that time accused No. 3 the eldest son of accused No. 1 inflicted a blow with an iron pipe on the head portion of the deceased as a result of which there was profuse bleeding from the head portion of the deceased and he fell down on the ground. Prosection had further alleged that accused No. 4 had also inflicted a blow with a stick to the deceased. The case of the prosecution further was that one Shardaben wife of Lalshanker Pandya Sumantbhai Tailor Vikrambhai and Maheshbhai Rami came at the scene of the offence and rescued the complainant and her husband and immediately thereafter the accused ran away from that place. A complaint came to be given in connection with the above offences. Investigation started pursuant to the same and ultimately it resulted in the said Sessions Case.