The court determined that injuries inflicted were not grievous and insufficient for conviction of attempted murder, altering charges to lesser offences under sections 324 and 332 of IPC.

JUDGEMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 758 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE A.M.KAPADIA HONOURABLE MR.JUSTICE K.A.PUJ ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= JAGU PRABHAT VASAVA & 1 - Appellant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= 2/43 JUDGMENT Appearance : MR SUNIL MEHTA FOR MR SK BUKHARI for Appellant(s) : 1 - 2.

MR KT DAVE, ADDL.PUBLIC PROSECUTOR for Respondent – State of Gujarat.

========================================================= CORAM : HONOURABLE MR.JUSTICE A.M.KAPADIA and HONOURABLE MR.JUSTICE K.A.PUJ Date : 23/11/2006 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE A.M.KAPADIA)

1. Challenge in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 7.8.2001 rendered in Sessions Case No. 45 of 1991 by the learned Additional Sessions Judge, Bharuch. By the impugned judgment and order, the appellants ('A-1' and 'A-13' for short) were convicted of the offences punishable under Sections 307 , 332, 333 and 353 of the Indian Penal Code ('IPC' for short) and under 3/43 JUDGMENT Section 135 of the Bombay Police Act ('BP Act' for short) and sentenced them to suffer RI for ten years and fine of Rs.1500/- i.d., further imprisonment for six months for the offence under Section 307 of IPC, RI for two years and fine of Rs.150/- for the offence under Section 332 of IPC, RI for ten years and fine of Rs.1500/- i.d. further imprisonment for six months for the offence under Section 333 of IPC, RI for one year and fine of Rs.100/- i.d., further imprisonment for 15 days for the offence under Section 353 of IPC and imprisonment for six months for the offence under Section 135 of the BP Act. It is also ordered that all the substantive sentences shall run concurrently.

2. The prosecution case, as disclosed from the FIR and unfolded during trial, is as under:

2.1. On 11.3.1990, P.W.17, Arjunsinh Jyotisinh Baria, the complainant, was on bandobast being Holi-Dhuleti festival. He and Constable Shivabhai Gumanbhai and Mustak Ahmed were in the Mobile 4/43 JUDGMENT Jeep of Amod police station at about 12.30 PM. Police Constable Chandrasinh Mohansinh was the driver of the mobile jeep and they were returning from patrolling. Bandobast was arranged at village Hirakui because of Holi-Dhuleti festival.

Police constable Chandubhai and a home-guard Vinod Shantilal were coming from the village Hirakui. They waved hands and gave signal to stop the mobile jeep and accordingly the complainant's jeep was stopped and they were informed that persons were quarrelling at village Hirakui and if they say anything, the villagers will quarrel with them also. They requested the complainant and police party to go to the village. The complainant and other police personnel went to village Hirakui. At that time Jagu Prabhat, A-1, was quarrelling with his village people. P.W.17, the complainant, Arjunsinh, Shivabhai and other police personnel stopped the quarrel and caught hold of A-1. At that time Dhanji, Shamji, Budha, Manu, Ratilal and Mulji rushed with sticks and started shouting as to why did they arrest Jagu and they scuffled with police personnel. At that 5/43 JUDGMENT time, Jagu Prabhat escaped from the hands of police personnel and ran away and thereafter came back with an axe in his hands and gave a severe blow on the police constable Shiv