PATEL MAHESHBHAI KUBERBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants -Accused have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 29.9.2008 passed by nd the learned Addl. Sessions Judge, 2 Fast Track Court, Mehsana in Sessions Case No. 76/2008 whereby, the learned trial Judge has convicted the appellants - Accused under sec. 147 of IPC and sentenced them to undergo S/I for two years and to pay a fine of Rs. 500/ -each, in default, to undergo S/I for three months. The appellants - accused are convicted under sec. 148 of IPC and sentenced them to undergo S/I for three years and to pay a fine of Rs. 1000/ -each, in default, to undergo S/I for three months. The appellants are convicted under sec. 302 read with section 149 of IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 8000/ -each, in default, to undergo imprisonment for one year. The appellants -accused convicted under section 341 of IPC and sentenced to undergo S/I for one month and to pay a fine of Rs. 200/ -each, in default, to undergo S/I for five days. The appellants -accused convicted under section 504 and 506(2) of IPC and sentenced them to undergo S/I for one year and to pay a fine of Rs. 500/ - each, in default, to undergo S/I for one month. The appellants -accused convicted under sec. 135 of the Bombay Police Act and sentenced to undergo S/I for seven days, which is impugned in this appeal.

(2.) 1 The case of the prosecution is that the complainant is staying at village Ambasan, Tal. Vijapur, Dist. Mehsana and is carrying out the farming activities for the survival of his family. Out of his five brothers, the eldest is Manaji and thereafter is the complainant himself and younger to him Sureshji and next being Chhatraji and the youngest being Amratji. Out of these, three brothers are living separately and the two younger brothers are staying with their father. On 14.1.2008, during the festival of Uttarayan, at village Ambasan, around 9.00am near the boundary of village, Thakore Babuji Pradhanji and Thakore Samarji Babuji had a quarrel with accused no. 4 and a complaint in this regard was given by the accused no. 4 to the Vijapur Police Station. Thus, with regard to this incident, on 14.1.2008 in the evening around 19.30 hours, opposite to the shop of accused no. 1,when one Thakore Samarji Babuji had approached, the accused no. 1 shouted at Thakore Samarji that he had become a Dada and started quarrel and in the meanwhile, two groups came to be formed and there was a free fight between the accused party and the complainant party. In this fight, accused no. 1 was hit with a stone by the complainant party and serious head injury was caused. Further, as per the allegation, the accused persons equipped with lethal weapons and attacked and caused serious injuries on the deceased, who finally succumbed to the same. Therefore, a complaint was lodged.

(3.) THEREAFTER , after examining the witnesses, further statement of the appellants -accused under sec. 313 of CrPC was recorded in which the appellants -accused have denied the case of the prosecution.