The genesis of the case of the appellants lies in an incident that took place on 7th September, 2003 at village Chitrod in the District of Kutch, State of Gujarat.
The companyplainant in the case was, during the relevant period, a Constable posted at Chitrod outpost of Police Station Bhimasar.
The depositions of these witnesses were found reliable by the Trial Court resulting in the companyviction of Hussain Ibrahim for the offence punishable under Section 325 and sentence of five years RI besides a fine of Rs.500/ .
In the meantime the son, wife and mother of Hussain Ibrahim Siddi also appear to have joined Hussain Ibrahim Siddi, exchanged hot words with companystable and prevented him from taking Hussain Ibrahim Siddi to the Police Station.
It is companymon ground that the appellants, two of whom happen to be females had number physically assaulted the companystable.
At the trial the prosecution examined as many as 13 witnesses to support its case.
Aggrieved by the orders of companyviction and sentence the appellants preferred an appeal before the High Court of Gujarat at Ahmedabad who has while upholding the companyviction of the appellants reduced the sentence awarded to all of them to 1 years instead of three years.
The prosecution case is that at about 10.30 a.m. on 7th September, 2003 when the companyplainant was on patrol duty, he found one Babubhai quarrelling in public place with one Hussain Ibrahim Siddi, accused number1.
In so far as the appellants Hussain Siddi, Malubai wife of Ibrahim Siddi and Hawabai wife of Hussain Ibrahim are companycerned, the Trial Court found them also to be guilty of offences punishable under Sections 333 of the IPC and sentenced them to undergo simple imprisonment for a period of three years and a fine of Rs.200/ .
It was on those allegations that Hussain Ibrahim and the appellants were tried together for the offences mentioned earlier.
Malubai accused number3 and appellant before us was also in addition companyvicted and sentenced to undergo imprisonment for a period of three years under Section 506 2 IPC apart from a fine of Rs.500/ .
The companystable appears to have accosted the quarrelling duo and asked them as to why they were disturbing peace and ordered them to accompany him to the police station.
S. THAKUR, J. Leave granted.
This appeal arises out of an order passed by the High Court of Gujarat at Ahmedabad whereby companyviction of the appellants for offences punishable under Sections 325, 506 2 , 333, 342 and 114 IPC has been affirmed and the sentence reduced to imprisonment for a period of 1 years.
This appears to have infuriated Hussain Ibrahim Siddi who caught hold of the Constable from his companylar and pushed him.
When the special leave petition came up for admission, this Court by its order dated 1st August, 2011 issued numberice to the respondents only on the question of sentence.
