TEJA BOGHA BHEDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS group of appeals arises out of judgment and order rendered by Sessions Court, Veraval in Sessions Case No.75 of 2001 on 04th March, 2005. They are heard together and decided by this common judgment for that very reason.

(2.) BRIEF facts of the case are that on 17.06.1999 at about 8-30 pm in the evening, when complainant Dahyabhai Savdasbhai Bheda was attending to nature's call on his land adjoining to his house, A1 i.e. Kana Bogha came there and started giving him abuses. He objected to the said act, which resulted into an altercation and it is said that A1 inflected a stick blow to the complainant Dahyabhai Savdasbhai. As there was an altercation, persons from both the sides came there, which resulted into a quarrel and a fight, where both the sides assaulted each other. A2 inflicted a pipe blow on the head of Arjanbhai, brother of the complainant. FIRs were lodged by both the sides with Kodinar Police Station. Victim Arjanbhai, on whose head pipe blow was inflicted, died on 29.06.1999. Police, after investigation, filed charge-sheet against seven accused persons. The case was committed to the Court of Sessions, where charge was framed against them at Exh.4 in Sessions Case No.75 of 2001 and upon the accused persons pleading not guilty, the case was tried. By the impugned judgment and order, the trial Court acquitted original accused Nos.6 and 7, Gangaben and Rudiben, whereas convicted accused No.2 for charge of murder of Arjanbhai and convicted accused Nos.3, 4 and 5 for very offences punishable under Section 323 of the Indian Penal Code and Section 135 of the Bombay Police Act, whereas accused No.1, Kana Bogha, came to be convicted for only offence punishable under Section 135 of the Bombay Police Act.

(3.) WE have heard learned advocate Mr. Gondalia for appellant in Criminal Appeal no.661 of 2005 and the respondents in Criminal Appeal No.1038 of 2005 and Criminal Appeal No.1039 of 2005.