VAGHRI JENABHAI KHUMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the a judgment and order dated 30.6.2005, rendered by Additional Sessions Judge, Mehsana, in Sessions Case No. 12 of 2005, convicting the Appellants - original accused Nos. 1, 2 and 5, for the offences punishable under Sections 325 and 324 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. As per the prosecution case, an unfortunate incident occurred on 10.6.2004 at about 7.30 p.m. at the house of Amratbhai Jenabhai Vaghari - accused No. 2 before the Trial Court, where the complainant and his companions, all armed with weapons like sword, iron pipe and sticks, had gone committed assault. The present Appellants are alleged to have used dharia, pipe and bricks for committing assault on Rameshbhai Shivabhai Vaghari, Prahladbhai Rameshbhai Vaghari, Lalabhai Shivabhai Vaghari, Sureshbhai Shivabhai Vaghari, Vaghari Vishnubhai @ Goga Shivabhai.

(2.) The present case is arising out of the same occurrence about which the present Appellants' side lodged an FIR with Vadnagar Police Station, which has been registered at CR No. I-53 of 2004, against the complainant's side, for offences punishable under Sections 302, 147, 148, 149, 325 and 326 of the Indian Penal Code read with Section 135 of the Bombay Police Act, alleging that the said group had committed assault. Before the Trial Court, there were five accused persons. Out of whom, accused No. 3 Ramanbhai Jenabhai Vaghari and accused No. 4 Vaghari Vinodbhai Jenabhai came to be acquitted and accused No. 1 Vaghari Jenabhai Khumabhai, accused No. 2 Vaghari Amrutbhai Jenabhai and accused No. 5 Vaghari Kamleshbhai, came to be convicted by judgment impugned in the present appeal.

(3.) Learned Advocate Mr. J.V. Japee appearing for the Appellants submitted that it was the complainant's side who were the assailants and committed assault on the accused persons, and in that incident, one person from the accused side-Dineshbhai Jenabhai Vaghari lost his life, for which, the other side has been convicted. If panchnama of place of incident is seen, it is clear that, the incident occurred near the house of accused No. 2 Vaghari Amrutbhai Jenabhai. It is also clear that a group of eight persons, all armed with weapons, had come and committed assault. The incident had occurred on account of a verbal encounter, which took place at about 11 o' clock in the morning at a flour mill between the wife of accused No. 2 Amrutbhai Jenabhai and wife of one Dilipbhai Shivabhai Vaghari, who is one of the accused in the cross case.