VAGHARI SANJAYBHAI ARJANBHAI 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 FIR being C.R.No.11206002220236 of 2022 registered with Visnagar Taluka Police Station, Dist: Mehasana punishable under Ss. 302, 307, 143, 147 , 148, 149, 504, 506(2), 427, 337 of the Indian Penal Code and Sec. 135 of the G.P.Act.

(2.) Mr.Pratik Barot, learned advocate for the applicants stated that the incident of 2/4/2004 has led to filing of two FIRs, and since nephew of the complainant in the present FIR, Mahesbhai Dashratbhai died, hence the FIR attracted Sec. 302 of the Indian Penal Code for murder; while the cross complaint invokes the provisions of Ss. 323, 324, 504, 506(2) , 143, 147, 148, 149, 337 of the IPC and Sec. 135 of the G.P. Act, which was registered on the very same day i.e. on 3/4/2022 being FIR No.11206002220236 of 2022 registered with Visnagar Taluka Police Station, Dist: Mehasana.

(3.) Countering the arguments, Mr.Pranav Trivedi, learned APP, vehemently contended that all the medical reports in the cross complaints are got up and afterthoughts. He submitted that very cross complaint is developed only after having found that Maheshbhai Dasrathbhai had succumbed to death because of brutal injuries caused by knife at the vital organ of the body. Mr.Trivedi submitted that there were about seventeen injury which include seven injury near the right and left nipples and one incised wound around 3 x 1 cm length at the scalp, and one incise wound at left temporal lower part horizontal 3 cm x 1 cm horizontal both angle acute and about 4 abrasions and a stab incise wound on left scapula, one stab incise wound at the right side back and two further abrasion. Mr.Trivedi submitted that the incise wound at the lungs have become fatal and the cause of death was shock due to injury to right lung. He further submitted that the whole family of Arjanbhai Lakhabhai was involved, and thus chargesheet has been filed against eight of them, where one is child in conflict with law. Mr.Trivedi, submitted that all the accused had intention to do away with Maheshbhai and therefore with a perfect design, armed with knife and iron pipe, iron-crowbar had assaulted and caused deadly injury to the deceased and thus, submitted that no case of even self defence could be considered, more so, at the bail stage where the whole family was involved in the incident.