KANTIBHAI ANARJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order rendered in Sessions Case No. 125 of 1992, on 26th February, 1993, by the learned Additional Sessions Judge, Mehsana, wherein the present appellants came to be convicted for offences punishable under Sec. 302 read with Secs. 141, 143 & 149 of I.P.C.. The appellants were ordered to undergo R.I., for life.

(2.) The facts of the case can be narrated as under : An F.I.R., came to be lodged by Bhaluji Nagarji Thakor of village Dhanavada, Taluka-Sidhpur, District-Mehsana, on 29th January, 1992, before the Police Sub-Inspector, Kakoshi Police Station camping at Dhanavada.

(3.) In the F.I.R., it is stated that on the previous day i.e., 28th January, 1992, when the complainant along with his father Nagarji and brother Naluji were at their home, his father came to him and told him to go to the field for watering. His father was returning to the house of Naluji. When his father was near the house of Kantiji Anarji accused No. 1, he started abusing his father Nagarji. The complainant, therefore, started towards them and asked Kantiji not to use abusive language. On this, the accused No. 1-Kantiji said that "you do not have a right of way from here and why do you pass through this street." Kantiji was annoyed and he gave a Lathi blow to Nagarji. Nagarji raised a shout and the witnesses, therefore, immediately rushed there. Hearing the shout, Naluji also came out of his house. At that time, Premjiji Varsangji, who was armed with Dhariya and his brothers Jodhaji Varsangji, Jayantiji Varsangji and Surajmalji Anarji who were armed with sticks, they all came there to assault them. At that time, the light in the house of the complainant was on and the complainant saw that Premjiji Varsangji gave a Dhariya blow on the head of Nagarji, as a result, Nagarji fell on the floor. The complainant and his brother tried to intervene. At that time, Jodhaji Varsangji gave a stick blow on the head of Nagarji, and therefore, he also fell down. At that point of time, all the assailants pounced on his father and Naluji fell down. Hearing the hubbub, Dalsangji and Vaghaji came there to their rescue, and therefore, all the six assailants ran away. Both the injured persons were bleeding heavily, and therefore, they were brought to the house of Naluji. They were not in a position to speak. It was stated that nobody else was injured in the incident. On the basis of this F.I.R., offence was registered and was investigated upon. The Investigating Agency, after having completed the investigation, found that there was sufficient evidence against the accused persons, and, therefore, a charge-sheet was filed in the Court of the learned Judicial Magistrate (First Class), Sidhpur. Since the case was exclusively triable by the Court of Sessions, the case was committed by the learned J.M.F.C. Sidhpur to the Court of the Sessions, and was registered by the Sessions Court as Sessions Case No. 125 of 1992. On the matter coming up for hearing, charge was framed against the accused at Exh. 2.