VIJAYBHAI TRIKAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE three appellants in the present appeal are the original accused Nos.2, 5 and 6. They have challenged judgment and order dated 22nd May, 2002 passed by the learned Sessions Judge, Court No.1, Ahmedabad City in Sessions Case No.110 of 2002, whereby the appellants came to be convicted and sentenced for the offences alleged against them. There were in all six accused persons tried before the Court, of whom other than the appellants herein came to be acquitted. The appellants came to be convicted and sentenced under the aforesaid judgment as per the following details:

(2.) THE accused persons were originally charged for the offences under Sections 143, 147, 148, 307 read with Section 149, 324, IPC and for the offence under Section 135(1) of the Bombay Police Act. The prosecution case was revealed from the complaint (Exh.27) filed by the complainant Ranchhodbhai 04th Joitabhai Patel on March, 1999, which was registered with Odhav Police Station, Ahmedabad at Crime Register No.0088 of 1999. The complainant and all the six accused were the residents of one society. A meeting was convened of the members of the society on 02nd March, 1999 in respect of inadequate flow of water in the residential houses. The complaint proceeded further to state that in course of the said meeting of the society when one Bhagwanbhai Laljibhai complained about water problem, accused Nos.2 to 4 as well as accused No.5, who were present, entered into heated altercation, pursuant to which said Bhagwanbhai left the meeting. It was alleged that the accused persons kept vengeance against Bhagwanbhai for the said incident. Thereafter on 03rd March, 1999 at around 2200 hours, all the accused persons gathered near Third Colony, Ambika School, forming unlawful assembly with common intention to inflict deadly injuries to said Bhagwanbhai with weapons. It was further alleged that when Bhagwanbhai was passing on the scooter, accused No.1 caught hold of him and beaten him. Thereafter all the accused chased Bhagwanbhai. The complaint further stated that accused No.6 gave blow of stick on the head, whereas accused No.5 inflicted injury on the back with Gupti. It was alleged that they were the serious injuries intentionally caused. It was alleged that accused No.2 gave stick blows on the body of the victim.

(3.) THE learned advocate for the appellants submitted at the outset during his submissions that the parties have settled their disputes outside the Court. In that connection, he placed on record a pursis. The original pursis is taken on record, which is signed by complainant Patel Ranchhodbhai Joitaram, victim Patel Bhagwanbhai Laljibhai as well as all the three appellants. In the pursis, the signatories have jointly stated as under: