K.S. Jhaveri, J. - (1.) Heard learned Advocate for the appellant accused Mr. Ashish M. Dagli and learned Additional Public Prosecutor for the respondent - State Ms. C.M. Shah.
(2.) By way of this Appeal, the Appellant accused has felt aggrieved by the judgment and order of conviction and sentence dated 02.07.2007 of the learned Additional Sessions Judge, Fast Track Court No. 6, Sabarkantha - Himatnagar, in Sessions Case No. 163/2004 whereby the accused herein were sentenced to undergo under Sec. 302 of the Indian Penal Code, life imprisonment and fine of Rs. 2,000/ -, in default simple imprisonment for three months.
(3.) The case in brief and the incident which occurred on 20.06.2004 are as under: - 3.1. It is the case of the prosecution that the complainant and his father had gone at 1.00 pm to work in their fields. On the boundary of their fields, the complainant and his father saw Dinesh Nanji Ninama, Kranti Nanji Ninama, Kirit Nanji Ninama and Surat Dhulaji Ninama making a pad. The complainant and his father requested that the pad may not be made because of which all the accused got incensed. The accused - Dinesh is alleged to have inflicted a dharia blow on the forehead above the eyes on the complainant's father, another accused Kranti is alleged to have inflicted an axe blow, another accused Kirit is alleged to have given a stick blow on the complainant's back and another accused Surji is alleged to have given a dharia blow on the head of the complainant's father. Blood started oozing out because of the injuries and there was a huge commotion. On hearing this, the complainant's wife - Surtaben, Vanrajbhai Babubhai and Dinesh Ramji Katara came rushing and the accused are alleged to have kick and fist blows. To escape from their clutches, the injured tried to escape from the spot. It is alleged that the accused gave obscene abuses and also threatened to kill the complainant and his family members. 3.2. A complaint in this respect was lodged before the PSO, Shyamlaji and the investigation commenced. The chargesheet was led before the learned Magistrate and the case was committed to the Sessions Court, being Sessions triable case. The accused pleaded not guilty to the charges levelled against them. On completion of the evidence of prosecution, further statement of the accused under Sec. 313 of the Code of Criminal Procedure were recorded. 3.3. At the time of the trial, the prosecution examined the following witnesses: - The prosecution also relied upon various documentary evidence, some of them are: - 3.4. At the end of the trial, the learned Additional Sessions Judge passed the above judgment and order.;