VINUBHAI KARANBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11216022200579 of 2020 registered with Kalol Taluka Police Station, Gandhinagar, for the offences punishable under Ss. 302 , 323 , 325 , 337 , 143 , 147 , 148 , 149 , 504 and 506(2) of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(2.) Learned Advocate Mr. Zubin F. Bharda for the applicant submitted that the co-accused have been granted bail while the applicant is alleged to have hit the deceased with a stick which had caused the death. Referring to the facts as stated in the First Information Report, it is submitted that on the very same day, one incident has occurred at 7.30 p.m. and another at 8.30 p.m. The first incident is about a road rage conflict between the youngsters of the Rabari and Raval community and in that incident, Shailesh was injured who was thereafter, taken to Shraddha Hospital and was treated with six stitches and before the Doctor, it is submitted that the incident was stated to be an accident. Thereafter, at about 8.30 pm as per the complainant, suddenly there was some throwing of brick bats near the house of the complainant in Ravalvaas. Hence, according to the complainant he and his elder brother and other persons had gone towards Rabarivaas to pacify the dispute while, it is alleged that the present applicant alongwith Vishnu Karanbhai Rabari, Ramjibhai Mafabhai Rabari, Ravi Jayram Rabari and Jigar Jayrambhai Rabari had come near them with stick and it is stated that before they could realize, Vishnu Karanbhai Rabari and the present applicant holding a stick in their hands suddenly gave a blow on the head of the complainant's elder brother and it is alleged that Ravi Jayrambhai Rabari, Jigar Jayrambhai Rabari and Ramji Mafabhai Rabari too started beating the elder brother of the complainant. During this time, other villagers and other person of the vicinity came over and started abusing them and threatened to kill them. Since the complainant's elder brother started bleeding profusely, therefore, one - Jagdishbhai called the 108 Ambulance and took him for treatment at Kalol. It is submitted by learned Advocate Mr. Zubin F. Bharda that the allegations as stated in the First Information Report is against the present applicant and Vishnu Karanbhai Rabari who are alleged to have given a stick blow on the head of the deceased and during that period, others have also beaten the deceased. Referring to the statement of the wife of the complainant, it is submitted that as per her say, five persons have beaten the deceased while as per the statement of Vishal, he refers to the applicant and Vishnu Karanbhai Rabari of having suddenly given a blow on the head, because of which he fell down unconscious and was also bleeding profusely. Referring to the inquest panchanama, it is submitted that the injury is stated to be caused with some sharp weapon and relying on the panchnama of the place of offence, it is submitted that the presence of an iron sickle is shown at the place. Further, the present applicant's house is shown to be under construction and as per the submission of learned Advocate for the applicant, it appears that a free fight occurred between the two communities which resulted into pelting of brick bats. It is also submitted by learned Advocate Mr. Zubin F. Bharda that the quarrel between the two communities is about an unresolved dispute and there was no intention on the part of any of the accused to kill any counter members of the community. The weapon which has been attributed is a stick while inquest panchnama suggest that these injuries could have occurred due to some sharp weapon and the only cutting instrument that could be found at the place was an iron sickle with brick bats all around the place. Referring to the statement of other witnesses, it is submitted that single blow attributed to the accused by the eye witness is by a stick. Thus, considering the above aspect and the facts of the case, it was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned Additional Public Prosecutor assisted by learned Advocate for the complainant Mr. R.N. Raval submitted that the complainant himself is an eye witness. Besides, the other witnesses have also specifically stated that the blow given by the present applicant with a stick is the cause of death. Referring to the FSL Report, it is submitted that blood stains were found on the stick. In addition, it is also submitted that the applicant is a head strong person and has been convicted in another offence under Sec. 307 of the Indian Penal Code. Hence, it was urged that no discretion may be exercised in favour of the applicant.