GOVA ALA AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1232 of 2004 has been filed by original accused nos. 1, 4, 5 & 6 of Sessions Case No. 54 of 1996 being Gova Ala Ahir, Jiva Gova, Rama Gova and Kara Gova respectively. However, during pendency of appeal before this Court appellant no. 3 original accused no. 5 Rama Gova expired and the appeal was abated as recorded by this Court vide order dated 06.08.2013. Therefore, Criminal Appeal No. 1232 of 2004 is heard qua original accused nos. 1, 4 & 6.

(2.) THE facts of the case in brief as per the prosecution is that on 04.1.1996, at about 05.30 pm when the complainant was returning from his brother's house and when he reached the shop of one Bharat Lohana he found the original accused no. 1 -Gova Ala, original accused no. 5 Rama Gova, original accused no. 6 Kara Gova and other three persons inflicting blows on his brother Dharmendra and his relative Lakhdhir with weapons like pipe, knife and stick. The complainant therefore shouted for help and tried to save his brother and relative but original accused no. 1 inflicted two pipe blows on the forehead of the complainant and therefore the complainant fell down on the ground. Thereafter, all the accused started beating Dharmendra and Lakhdhir. It is the prosecution case that original accused no. 6 was armed with a knife, original accused no. 1 was armed with pipe and original accused no. 5 was armed with stick whereas other three persons were having sticks and pipes in their hands. The accused left the place of offence and then another brother of Dharmendra - Meraman and one Rashmin came to the place of incident and took the injured persons to Irvin Hospital, Jamnagar where the doctor declared Dharmendra brought dead. Lakhdhir was admitted and treated in the hospital. It is the prosecution case that the motive of the incident was that the nephew of the complainant i.e. Dhanabhai and original accused no. 4 Jiva Gova had contested election to the Taluka Panchayat wherein accused no. 4 lost to Dhanabhai and therefore in retaliation the accused persons assaulted the complainant and his brother as well as relative. 2.1 The appellants - accused came to be arraigned for committing murder of Dharmendra and injuring Lakhdhir. The investigation being complete, charge -sheet was laid against the present appellants. The case being exclusively triable by the Court of Sessions was committed to the Court of Sessions, which was given number as Sessions Case No. 54/1996.

(3.) MR . P.M. Thakkar, learned Senior Counsel appears with Mr. Hriday Buch, learned advocate for original accused nos. 1, 4 and 6 and Mr. Bharat Dave, learned advocate appears for original accused no. 2. The respondent -State is represented by Ms. CM Shah, learned APP.