BHAILALBHAI TRIKAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is filed under section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the conviction and sentence by the learned 3rd Additional Sessions Judge, Nadiad in Spl. Case No.62 of 1997. The learned Sessions Judge was pleased to convict accused nos.1 & 6 for the offence punishable under section 304 read with section 149 of the Indian Penal Code and was pleased to sentence three years rigorous imprisonment and fine of Rs.2000/-; in default to undergo one month's rigorous imprisonment. The learned Judge was also pleased to convict them for the offences punishable under section 323 read with section 149 of the Indian Penal Code and sentenced them to 1 year rigorous imprisonment and fine of Rs.500/-; in default to undergo one month's rigorous imprisonment. The learned Judge was also pleased to convict them for the offence under section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") and was pleased to sentence them to 2 years rigorous imprisonment and fine of Rs.500/-; in default to undergo one month's rigorous imprisonment.

(2.) In order to bring home the guilt to the accused persons, the prosecution had examined; <FRM>JUDGEMENT_345_TLGJ0_2003Html1.htm</FRM>

(3.) Besides the oral evidence the prosecution also produced relevant documentary evidence, namely, Panchnama of scene of offence, exhibit 20; Panchnama of physical condition of the deceased, exhibit 23; Panchnama of physical condition of the accused Budhabhai, exhibit 24; Panchnama of Dharia produced by Budhabhai, exhibit 25; Yadi for Postmortem Notes, exhibit 30; Postmortem Note, exhibit 31; Cause of Death Certificate, exhibit 32; Police Yadi for giving certificate of treatment, exhibit 34; Certificate referring to Vadodara, exhibit 35; Injury Certificate of Muljibhai, exhibit 36; Injury Certificate of Kantibhai Kachrabhai, exhibit 37; Injury Certificate of Kanubhai Kachrabhai, exhibit 38; Injury Certificate of Kamuben Muljibhai, exhibit 41; Injury Certificate of Vinubhai Kachrabhai, exhibit 42; Inquest Panchnama, exhibit 46; Panchnama of clothes produced by accused no.1 Pravinbhai, exhibit 48; Panchnama of taking weapons into custody, exhibit 49; Panchnama of physical condition of the accused and of the weapons, exhibit 51; Injury Certificate of Muljibhai Kachrabhai, exhibit 54; Injury Certificate of Kamlaben Muljibhai, exhibit 55; Injury Certificate of Kanubhai Kachrabhai, exhibit 56; Original complaint, exhibit 58; Police Yadi to Medical Officer, Krishna Hospital, Nadiad, exhibit 63; Injury Certificate of Muljibhai, exhibit 64; Medical papers of Muljibhai K. Rohit, exhibit 65; Injury Certificate of Vinubhai Kachrabhai, exhibit 66; Medical papers of Vinubhai Kachrabhai, exhibit 67; Injury Certificate of Kamlaben Muljibhai, exhibit 68; Medical papers of Kamlaben Muljibhai, exhibit 69; Discharge Certificate of Kamlaben Muljibhai, exhibit 70; Forensic Science Laboratory Report, exhibit 77; Serological Report, exhibit 78; Map of the scene of offence, exhibit 79.