HARUBHA BHURUBHA GARASHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1085 of 2006 has been preferred by accused no. 1, Criminal Appeal No. 1090 of 2006 by accused no. 2 & 3 and Criminal Appeal No. 1091 of 2006 by accused no. 4 & 5.

(2.) EACH of the appellants were inter alia sentenced to life imprisonment and fine of Rs. 3000/ - in default rigorous imprisonment for twelve months by impugned judgement and order dated 19.04.2006 in Sessions Case No. 75 of 1998 by the 2nd Additional Sessions Judge, Bhavnagar for the offences punishable under section 302 r/w section 149 of Indian Penal Code and rigorous imprisonment for twelve months for the offence punishable under section 149 of Indian Penal Code. The accused were given benefit of set off and all the sentences were ordered to run concurrently.

(3.) AS per the prosecution case, the accused namely Harubha Bhurubha Gharashiya, Gulabsinh Harubha Gharashiya, Dashrathsinh Harubha Gharashiya, Koli Ashok Manji and Koli Ashok Bhagabhai had formed an unlawful assembly with a common object of doing Ghanubha @ Ghanshyamsinh to death on the date, time and place mentioned in the charge for the deceased taking undue interest in the case of one Kalusinh. As per the prosecution case, accused no. 1 and 2 armed with sickle and axe respectively and each of other accused armed with iron pipes came to the scene of offence i.e. the field of Gajubha where P.W. 6 and 7 were weighing groundnut and P.W. 9 came to unload heavy stones in his tractor at and around 08.00 in the morning. As per the prosecution case, while these witnesses as also other two witnesses being P.W. 8 and 12 who have been declared hostile were present at the scene of offence, the deceased came to the field of P.W. 12 on his motorbike. The accused no. 1 alongwith Gulabsinh -accused no. 2 came at the scene of offence in a jeep and obstructed the way of the deceased. Other accused came on a motor bike. Accused no. 1 started an altercation with deceased rebuking him for his undue interest in Kalusinh's case. This verbal altercation was followed by assaults by all the accused with their respective weapons causing instant death of the deceased. P.W. 6, after witnessing the whole incident went to the complainant - Premji, P.W. 8 - brother of the deceased to inform him about the same who immediately came to the scene of offence and saw his brother lying in a pool of blood. To sustain its case, the prosecution adduced following oral and documentary evidence :