BHARATBHAI BHANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises out of judgment and order rendered by the learned Additional Sessions Judge, Fast Track Court No.5, Bhavnagar at Mahuva on 21st December, 2005 in Sessions Case No.2 of 2001.

(2.) IN the incident that occurred on 1 st June, 2000 at about 18 00 hours, six persons were allegedly involved and five persons came to be chargesheeted. They are the appellants before this Court. One of the persons involved in the incident and named as accused No.3 ­ Samantbhai Virabhai, expired on 18th November, 2000 and the case against him came to be abated.

(3.) THE brief facts of the case are that on 1 st June, 2000, first informant ­ Halubhai Golanbhai had gone to Kolivad Plot, where he met Anak ­ accused No.5 and then the other accused persons. Accused No.5 had an altercation with Jagu ­ brother of the first informant in respect of some dispute with Jagu and younger brother of accused No.5. Suddenly, accused No.5 was provoked and accused No.4 gave a pipe blow on the head of Jagu and second blow on his hand. Accused No.5 was armed with spear and hit blow on the head of the first informant. On account of hubbub created due to this, father of the first informant Golanbhai came there and was attacked by accused No.2 with an Axe and he gave various blows with the hind portion of the Axe on abdominal part of his body. First informant, therefore, snatched away the pipe from the hands of unknown person and started wielding the same in defence. The stick once hit the head of Anak ­ accused No.5. He suffered bleeding injury. Ultimately, they were rescued by others and the assailants went away. First informant ­ Halubhai Golanbhai lodged First Information Report with Datha Police Station, Bhavnagar District. On the basis of which, offence was registered and invested; and the investigating agency having found sufficient material, filed chargesheet in the Court of Judicial Magistrate, First Class at Talaja, who, in turn, committed the case in the Court of Sessions and Sessions Case No.2 of 2001 was registered.