KHIMA VIKAMSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The case of the prosecution against the appellants herein is that in view of some old enmity entertained by the appellants they along with another minor accused formed themselves into an unlawful assembly and waylaid one Samant Naran on 11th November, 1982 when the said person along with his daughter-in-law Bai Raji (PW-4) was going to Dwarka to consult a doctor in regard to the ailment of said PW-4. It is the prosecution case that all the accused attacked the deceased with axe and sticks consequent to which said Samant Naran suffered multiple bleeding injuries and fell down. The efforts of PW-4 to save her father-in-law went in vain and after the attack it is stated that all the accused persons ran away from the place of incident. PW-4 who shouted for help could only attract the attention of the father-in-laws brother by name Malde (PW-5) who happened to pass that way. The said PW-5 on hearing the cries of PW-4 came to the place of incident and noticing the condition of his brother went to his Wadi and brought a bullock cart in which with the help of PW-4 he put the injured Samant Naran and brought him to the village of the injured. It is the prosecution case that when the injured was brought to his village, his son, wife and other members of the family were present. From the said village, the injured was taken to village Bhatiya for treatment along with PW-3 who is another brother of the injured (who was in the village when the injured was brought there), PW-4 the daughter-in-law and PW-5 the other brother. At Bhatiya, the doctor who examined the injured advised further treatment at Jamnagar, therefore, the injured along with the said doctor, P.Ws. 3, 4 and 5 were taken in a tempo to Jamnagar but on the way the injured died, therefore, they decided to bring the body back to the village but on the way they stopped at Kalyanpur Police Station where PW-3 lodged a complaint. The Police after investigation arrested the accused, made some recoveries and on completion of the investigation, filed a charge-sheet against all the accused for offences punishable under Ss. 147, 148, 149, 302 read with S. 149, IPC before the Additional Sessions Judge, Jamnagar. The case of the minor was separated and was referred to the appropriate Forum.

(2.) The learned Sessions Judge who held the trial came to the conclusion that the prosecution had not established the offences alleged against the accused and accordingly acquitted them of all the charges. On appeal by the State before the High Court of Gujarat at Ahmedabad, the High Court on re-appreciation of the material on record reversed the judgment of the learned Sessions Judge and convicted the appellants for offences punishable under S. 302 read with S. 149, IPC as also for offences punishable under Ss. 147 and 148, IPC. He awarded the sentence of imprisonment for life to the appellants.

(3.) It is against the said judgment of the High Court, the appellants are before us in these appeals.