CHHAGANBHAI CHHIKABHAI BHANGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned senior advocate K.J.Shethna for the appellants, learned APP Mr.L.R.Pujari for the respondent No.1-State and learned advocate Mr.Devang Joshi for the respondent No.2-original complainant. As the appellant No.1-original accused No.1 is expired on 6.11.2011, appeal is abated qua appellant No.1-original accused No.1.

(2.) LEARNED advocate Mr.Devang Joshi for the complainant submitted that the matter is settled between the parties and permission be granted for compounding the offence punishable under Sections 323 and 504 of Indian Penal Code. He has produced the affidavits of the complainant, the same are ordered to be taken on record. The complainant is also present before this Court and he is identified by learned advocate Mr.Devang Joshi. The complainant also submitted that after lapse of time he has good relations with accused persons and now he has no grievance against the accused persons and so he requested to give permission for compounding of the offence.

(3.) WHILE perusing the evidence of P.W.No.1 Maheshbhai and P.W.No.2 Madhuben, sister of complainant, who were eye-witness of the incident, it transpires from the evidence of both these witnesses that, at the time of causing injury by accused No.1 to complainant Maheshbhai, accused No.2 Jagdish and accused No.3 Pappu @ Jayanti were not present but they came afterwards, therefore they have not abetted the offence under Section 307 of IPC and cannot be convicted with the aid of Section 114 of IPC. It is submitted by learned senior advocate Mr.Shethna that they should be held guilty for their individual act. As far as evidence of these witnesses are concerned, at first point of time the accused No.1 has attacked on the complainant with knife blow and the accused No.2 came with knife and the accused No.3 came with iron rode. The trial court imposed vicarious liability of offence punishable under Section 114 of IPC and the trial court has convicted all the accused for the offence punishable under Sections 307, 323, 324 read with Section 114 of IPC. Considering the evidence of injured person Maheshbhai Bababhai Harijan, in the opinion of this Court, later on the accused No.2 and 3 came and so they should be liable for their individual act and therefore the accused No.2 and 3 could not be held vicariously liable for the offence punishable under Section 307 of IPC with aid of Section 114 of IPC.