PATHUBHA GOVINDJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 30.6.2014 passed by High Court of Gujarat whereby the said Court has partly allowed the criminal appeals arisen out of Sessions Case No. 85 of 2003 and the cross Sessions Case No. 53 of 2004, which were decided by two separate orders of the same date, i.e., 5.10.2007 by Additional Sessions Judge/Fast Track Court, Junagarh.

(2.) We have heard learned counsel for the parties and perused the record.

(3.) Prosecution story, in brief, is that complainant Satish Jotva (PW-42) used to live with his family in Village Arena. On 2.9.2003 his uncle Bhurabhai Jivabhai (PW-46) was going to his field on a bicycle. At about 10.30 a.m., he was intercepted by Pathubha Govindji Rathod (appellant no. 1) near bus stand. Accused/appellant no.1 picked up a quarrel with Bhurabha Jivabhai as to why he supported Natha Nagabhai (one of the deceased) in Gram Panchayat Election with whom the accused/appellant no.1 was not having cordial relations. Meanwhile Natha Nagabhai came there and joined Bhurabhai Jivabhai in the quarrel. This led heated exchange of words between both the sides, and crowd gathered there. Accused/Appellant no.1 was joined by his other supporters (co-accused), who were armed with deadly weapons like swords, knives and sticks. Out of the accused persons, accused Pathubha Govindji was armed with revolver, and accused Bhavubhai Gagubhai, Bhuraji Gaguji, Kirit Jesing and Punjaji Muluji were armed with swords. Accused Mala Gaguji was armed with knife. Rest of the accused Gaguji Manji, Gomubha Halarwadi, Navalsinh Motisinh, Kanubha Jesangji, Dhiru Jesing, Kiritsinh Punjajai, Veraji Punjaji, Jayubha, Samatsinh, Sidharajsinh Manji, Bharat Manji, Kanu Bhai Devu bhai and accused/appellant no.2 Hemubha Govindji were armed with sticks. On hearing the noise, complainant Satish Jiva Jotva (PW-42) and his another uncle Bhimshi Jiva (PW-47), father of the complainant Hamir Nagabhai (another deceased), Malde Nagabhai (PW-43), Bhurabhai Jivabhai (PW-46), Punjabhai Bhimshibhai (PW-44), Jagmal Jivabhai (PW-45) and some other villagers also gathered there. When the quarrel further aggravated between the two sides, accused/appellant no.1 Pathubha Govindji exhorted his supporters to kill Natha Nagabhai and teach lesson to other supporters. Thereafter, accused/appellant no.1 Pathubha Govindji himself took out revolver from his pocket and fired at him. Natha Nagabhai suffered bullet injuries on the stomach and fell down. In the incident, Bhimshibhai who was attacked with sword suffered injury on his head.