Arjunbhai Kadiyabhai Gamit vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1997

ILESH J. VORA, S. V. PINTO
Arjunbhai Kadiyabhai Gamit – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Appellant : HCLS COMMITTEE, MR GAJENDRA P. BAGHEL.
For the Respondent: MR. JAY MEHTA, APP.

JUDGMENT :

(S.V. Pinto, J.)

1. These appeals have been filed by the appellants - original accused Nos. 1 and 2 and 3 respectively under Section 374 of the Code of Criminal Procedure against the judgement and order dated 18.09.2014 passed by the learned Sessions Judge, Tapi at Vyara (here in after referred to as the ”learned Trial Court”) in Sessions Case No. 09 of 2014. Both the appeals have arisen out of the same impugned judgement and order and hence, are disposed off by this common judgement.

The appellants are referred to as the accused in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts necessary to decide the appeal are in a nutshell as under:

2.1 As per the case of the prosecution on 01.12.2013, at around 06.30 hours in the Big Street at Village Karanjvel, Taluka Vyara, District Tapi, all the accused demanded the two vighas land belonging to Kadiyabhai Dhanjibhai Gamit for cultivation and as he refused to give the land for cultivation to them, all the accused took sticks and hit him on his back, hands, legs, and other parts of his body and he sustained fracture injuries on his left hand and left leg and t