STATE OF GUJARAT Vs. KOLI KANA RASHI

JUDGEMENT

(1.) The present appeal was filed by the appellant-State under Section 378 of Cr.P.C against 15 respondents (original accused) challenging the judgment and order dated 14.07.1993 passed by the Additional Sessions Judge, Palanpur (hereinafter referred to as "the Sessions Court") in Sessions Case No. 148 of 1990, whereby the Sessions Court had acquitted all the respondents-accused from the charges levelled against them under Section 147, 148, 149, 302, 324 of IPC and Section 135 of the Bombay Police Act. Pending the Appeal, as per the information received by the learned Advocate Mr. Barot, the respondent No. 1 Koli Kana Rashi, the respondent No. 2 Koli Babu Kana, Respondent No.8 Koli Dhana Bhaju, Respondent No.10 Koli Sadha Vibha, Respondent No.11 Koli Aju Vibha, Respondent No.13 Koli Masung Padkhan and Respondent No.14 Koli Mafa Masung have already expired. He has placed on record the death certificates of respondent Nos.1,2, 13 and 14, however the death certificates of other respondents being not available with him, the Court had recorded the said submission of Mr. Barot in order dated 18.12.2019. Though the Court had directed the learned APP to verify the position, the learned APP has not placed anything on record disputing the said position, and therefore the appeal would stand dismissed as abated qua respondent Nos. 1,2,8,10,11,13 and 14 on their death accordingly.

(2.) The case as unfolded by the prosecution before the Sessions Court was that on 07.06.1990 at about 9:00 p.m., the respondents-accused had formed an unlawful assembly and in furtherance of their common object they assaulted Pratap Arjan, brother of the complainant Pathu Arjan, and his cousin Karamsi Surta, when they were passing through the road near the house of Koli Kana Rashi. As per the further case of the prosecution, the respondents-accused armed with the weapons like sticks, dhariyas and scissors had assaulted the said Pratap Arjan and Karamshi with the said weapons, by picking up the quarrel that why they were passing through the said road. The complainant Pathu Arjan, and his brother Pratap Arjan and Karamsi Surta therefore had started running towards the field of Patel Deva Sava, however the accused also ran after them and caused injuries to the said Pratap Arjan and Karamshi Surta with Dhariyas, sticks, swords and scissors, etc. When the complainant Pathu tried to intervene, he was also given a blow with a sword by the accused No. 1 Koli Kana Rashi on his right hand. The another brother of the complainant i.e. Vaso had also arrived there hearing the shouts, however thereafter the complainant and his brother Vaso had run away towards the field to save their lives. The said Pratap and Karamsi Surta thereafter succumbed to the injuries received by them. According to the case of the prosecution, the accused No. 1 Koli Kana Rashi had a sword, the accused No. 2 Babu Kana had Dhariya, the accused Nos. 4 and 9 Bhamara Kana and Balvant Bhaju were armed with scissors. The complainant Pathu Arjan lodged the complaint in respect of the incident in question on the next day at Dhanera Police Station which was registered as I CR. No. 63 of 1990 against all the accused. The Investigating Officer after carrying out the investigation had submitted the charge-sheet against all the accused in the Court of the Judicial Magistrate First Class, Dhanera where it was registered as Criminal Case No. 787 of 1990. The case being triable by the Court of Sessions, the said Court had committed the case to the Sessions Court under Section 209 of the Cr.P.C., which was registered as the Sessions Case No. 148 of 1990 before the Sessions Court.

(3.) The respondent-accused had also lodged a complaint in respect of the same incident, which was also committed by the Court of Judicial Magistrate First Class along with the Criminal Case No. 787 of 1990 to the Court of Sessions, and the same was registered as Sessions Case No. 180 of 1990 before the Sessions Court. However it appears that both the sessions cases were tried separately.