RABARI JIVABHAI MUNABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellants - original accused have filed this Appeal, through Jail, against the judgment and order of conviction and sentence dated 24.02.2005 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 4, Junagadh, in Sessions Case No. 64 of 2001, whereby the learned Additional Sessions Judge has held the Appellants - accused guilty and convicted them (i) for the offence under Sections 147, 148, 149, 307 of I.P. Code and sentenced them to suffer Rigorous Imprisonment for 6 years with fine of Rs. 5,000/- each i/d to undergo further RI for one year, and (ii) for the offence under Sections 323, 324 read with Sections 147, 148, 149 of I.P. Code and sentenced them to suffer RI for 2 years with fine of Rs. 3,000/- each i/d to undergo further RI for 6 months. The learned Judge has ordered that all the sentences shall run concurrently by the Appellants. However, vide the impugned judgment, the learned Additional Sessions Judge has acquitted the Appellants - accused for the offence punishable under Sections 504, 506(2) of I.P. Code and Section 135 of the Bombay Police Act.

(2.) The brief facts of the case of prosecution are that on 18.4.2001 at about 12.30 hours, the accused assembled unlawfully at Rabarivas Naka of village Thapla with dangerous weapons with a common object to cause injuries to the complainant and witnesses. It is alleged that the accused-Appellants with an intention to cause injuries to the complainant and witnesses formed the unlawful assembly and attacked the complainant and the witnesses. It is alleged that accused Nos. 3 and 4 have caused serious injuries with stick, wrapped with iron ring (Bharvadi Dang), on the head of witness Kana Bhura, accused Nos. 1 and 2 had beaten the complainant and witnesses with sticks and caused injuries and accused No. 5 also assaulted the complainant and witnesses with an Axe and caused injuries to the complainant and witnesses and thereby committed aforesaid offences. Thereafter the complaint was lodged against the accused before Bantva Police Station registered as CR No. I - 7 of 2011 for the offences punishable under Sections 307, 147, 148, 149, 323, 324, 504, 506(2) of I.P. Code and Section 135 of the Bombay Police Act.

(3.) Necessary investigation was carried out by the Police. The statements of the complainant and other witnesses were recorded. The injured were shifted to the hospital. Thereafter, after completion of investigation, the charge-sheet against the accused persons came to be submitted before the learned Magistrate's Court. As the offences were triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. The learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.