SATISHBHAI LALJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants were the accused before the Sessions Court, Vadodara in Sessions Case No.46 of 2004 who came to be convicted for offences punishable under sections 143, 147, 148, 302 read with 149 and 447 of the Indian Penal Code (for short "IPC") and section 135 of the Bombay Police Act by judgment and order dated 29th July, 2005. Their sentences are as under:

(2.) The prosecution case is brief is that the appellants along with Juvenile Mukesh Ravjibhai Rabari were playing cricket at about 17:30 hrs on 16th November, 2003 on the RCC Road at village Dena near the house of Ramabhai Jivabhai Rabari. At that very point of time, Ramabhai Jivabhai Rabari and his associates were loading and filling gunny bags with paddy. While the appellants were playing cricket, the ball hit deceased Ramabhai. Ramabhai therefore, asked them to go and play somewhere else, as a result of which, the appellants got enraged. Accused No.2 caught hold of Ramabhai by neck, accused No.4 caught hold of Ramabhai by hand, accused No.1 inflicted blows with cricket bat on chest, back and other parts of body of Ramabhai, whereas accused No.3 inflicted blows with silver wristband that he was wearing and accused No.5 instigated the others, as a result of which, the deceased died. It is further the case of the prosecution that when first informant Pravinbhai Savabhai Rabari intervened, he was also given kick and fist blows by the appellants.

(3.) Victim Ramabhai was taken to Hospital, where he was primarily treated, but died during the treatment. On basis of the first information given by Pravinbhai Savabhai to Vadodara Taluka Police Station, offence was registered and case was investigated. Charge sheet was filed in the Court of JMFC (3rd Court), Vadodara, who in turn committed the case to the Court of Sessions and Sessions Case No.46 of 2004 came to be registered. Charge was framed against the accused persons (the appellants) at Exh-3. Mukesh Ravajibhai, being Juvenile, was referred to the Board of Juvenile Justice, Vadodara. The accused pleaded not guilty to the charge and claimed to be tried and convicted and sentenced as stated in the earlier part of this judgment.