BHIL MOHANJI RANCHHODJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence rendered in Sessions Case No. 66 of 1989 by the learned Additional Sessions Judge, Mehsana, convicting all the accused persons for the offence punishable under Sec. 304 Part II read with Sec. 34 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000.00, in default of payment of fine to undergo simple imprisonment for three months.

(2.) It is the prosecution case that P. W. 3-Babulal Exh. 25, who is the son of the deceased Chimanji, was betrothed to Varsha, daughter of the accused No. 1. The said betrothal was broken in presence of Panchas about six months prior to the date of incident. It was further the case of the prosecution that thereafter the said Babulal used to tease and harass Varsha, daughter of the accused No. 1. Therefore, at about 9.00 p.m. on 6/01/1989, caste-panch was called near Mira Darwaja, Bhil Vas in Patan to resolve the dispute about teasing and harassing of the girl. Deceased Chimanji was sent for through Kotiwali-Bai Kamuben to be present before the Panchas. Chimanji followed by his wife P. W. 4-Saraswati and his son P. W. 3- Babulal, came near Jogni Mata's temple. Mira Darwaja, where Panchas had assembled. All the accused persons who are brothers, were armed with sticks. Accused started to abuse the deceased Chimanji. At that time, the accused No. 1, Mohanji Ranchhodji, inflicted stick blows on the head of the deceased and accused No. 2, Dhanaji alias Nanaji Ranchhodji, gave stick blows on the back-side and on both hands of the deceased and accused No. 3, Shivaji Ranchhodji, gave stick blows on the head of the deceased Chimanji. P. W. 3-Babulal and P. W. 4-Saraswatiben intervened and tried to rescue Chimanji, Chimanji sustained injuries and was taken to the hospital. Next day i.e. on 7/01/1989 Chimanji was brought to Civil Hospital, Ahmedabad. On 10/01/1989 Chimanji succumbed to the injuries. It was alleged that the accused persons thus caused death of deceased Chimanji and thereby committed offence punishable under Sec. 302 read with Secs. 114 and 34 of the Indian Penal Code.

(3.) The accused No. 1 was also charged for the offence punishable under Sec. 323 read with Sec. 34 of the Indian Penal Code for having caused voluntary hurt to the witness. Babulal Chimanji, by giving stick blows, at the said place and time. The accused were also alleged to have intentionally insulted and thereby gave provocation to the deceased with intent to break public peace or to commit any other offence and thereby committed offence punishable under Sec. 504 read with Sec. 34 of the Indian Penal Code. The accused were also alleged to have committed offence punishable under Sec. 135 of the Bombay Police Act, as they were armed with unlawful arms, in contravention of the notification issued by the District Magistrate, Mehsana. Thus, all the three accused persons were tried for the offences punishable under Sec. 302 read with Sec. 114 and/or 34 of the Indian Penal Code and also for the offence punishable under Secs. 323, 504 read with Sec. 34 of the Indian Penal Code and also for the offence punishable under Sec. 135 of the Bombay Police Act.