LILUBHA MAHOBATSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This common appeal by seven accused persons arises out of the judgment and order dated 29/09/1984, rendered in Sessions Case No. 102 of 1982 by the learned Additional Sessions Judge, Bhavnagar, wherein they (accused) on being tried for the alleged offences under Secs. 302, 147, 148 and 149 of I. P. C., at the end of the trial, came to be convicted for the same and were sentenced to R. I. for life and to pay a fine of Rs. 200.00 etc. as stated in detail in the impugned order.

(2.) The prosecution case to be briefly stated is that on 4/08/1983, at 7-00 a.m. on the outskirt of village Senderda of Taluka Sihor, seven accused persons arming themselves with weapons like Axes, Spears, Dhariyas and Sticks, formed an unlawful assembly with a common object to commit murder of one Bapalal Dhirubhai and in pursuance of the same, all of them assaulted him causing instantaneous death on the spot. This incident was witnessed by two witnesses namely - (i) Jasubha Jorubha; and (ii) Kama Khimsi, from a distance of about 20 ft. After the accused left the scene of offence, on going near to injured Bapalal, finding that he had passed away, Jasubha asked Kama Khimsi to sit by the side of the dead body of Bapalal and went to the village to inform about the incident to the wife of deceased. On way, he met one Laxmiram Jamnadas near Panchayat Office and while narrating him about the incident, asked him to go to Songadh Police to file complaint. This Laxmiram subsequently feeling unnerved, passed on the said information to one Batukbha Rupsinh who met him at about 9-00 a.m. on Songadh Bus Stand and requested him to go to the Police Station and file complaint at Songadh Police Station. Thereafter, Batukbha went to Songadh Police Station where his complaint Ex. 24 was taken down by Head Constable Jamalbhai Rahimbhai. On the basis of this information, Police came to the village at about 12-00 noon and the alleged F.I.R. of Jasubha Jorubha came to be recorded at about 1-00 p.m. Thereafter, accused came to be arrested on the very day at about 8-00 p.m. After the investigation was over, the accused came to be chargesheeted for offences under Secs. 302, 147, 148 and 149 of I.P.C. to stand the trial before the learned Sessions Judge, Bhavnagar.

(3.) The defence of all the accused at the trial was that of total denial.