RAQBARI HARGOVAN KARAMSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - convicts have filed this appeal under Section 374 of the Code of Criminal Procedure, 1973 challenging the judgment and order of conviction and sentence rendered on 6-7-2006 by learned Additional Sessions Judge, Fast Track Court No.2, Patan in Sessions Case No. 183 of 2002 (Old Sessions Case No.106 of 1998) and Sessions Case 346 of 2002 (old Sessions Case No. 31 of 2000) convicting and sentencing them for the offences punishable u/ss 323 and 325 of the I.P. Code and sentencing them to undergo various sentences.

(2.) According to the prosecution case, on 20-10-1996 at at about 20-45 hours when complainant Amaratbhai Jesingbhai and other persons came on the road going to Ganget village to go to Chamunda Temple with "mataji's palli" (a religious procession with deity), the accused forming unlawful assembly armed with deadly weapons like "dhariya" and sticks with common intention to cause grievous hurt made assault on them and caused serious injuries.

(3.) It was further prosecution case that accused Hargovanbhai Karamshibhai (A-2) and accused Vasu @ Dinesh Karamshibhai (A-1) (of Sessions Case No. 346 of 2002) and accused Dharamshibhai Taljabhai (A-3) caused injuries with 'dhariya' on the head of injured Maganbhai and accused Maganbhai Lilabhai (A-5) with 'dhariya' caused injuries on the head of injured Nagjibhai.