MANABHAI LADUBHAI PARGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of the same judgement of the learned Additional Sessions Judge, Palanpur, dated

(2.) 3.2009 passed in Sessions Case No.80/2007. 2. Brief case of the prosecution was that accused no.1 Manabhai Ladubhai Parghi and accused no.2 Ramabhai Ladubhai Parghi and their father accused no.3 Ladubhai Kasnabhai Parghi picked up a quarrel with injured Babubhai Mavabhai Parghi on 21.4.2007 at about 9 O' clock. When the said Babubhai was irrigating his field with the water drawn from a well, after a brief scuffle, accused no.2 and 3 caught hold of injured and accused no.1 Manabhai Ladubhai Parghi gave blows on his head with a hoe ('Kodali' in local language, an agricultural instrument). The injured received serious injuries on the head and had to be shifted to the hospital.

(3.) BY the impugned judgement, learned Additional Sessions Judge convicted all the three accused for offence punishable under sections 307 and 504 read with section 114 of the IPC. Accused no.1 was sentenced to rigorous imprisonment of five years. Accused no.2 and 3 were sentenced to imprisonment for three years. Fines were also imposed.