UMESH @ GOLO KALUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Section 389 of the Code of Criminal Procedure has been preferred by the applicants- original accused nos. 1, 2, 3, 5 and 6 to suspend the sentence imposed by the learned 4th (Ad hoc) Additional Sessions Judge, Surat dated 20/03/2012 in Sessions Case No. 287/2010 sentencing to undergo Life Imprisonment for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code and convicting the applicants for the offence punishable under Sections 143, 147, 148, 149, 323, 324 and 302 of the Indian Penal Code.

(2.) AT the outset, it is required to be noted that all the applicants-original accused nos. 1,2,3,5 and 6 have been convicted by the learned Judge for the offence punishable under Sections 143, 147, 148, 149, 323, 324 and 302 of the Indian Penal Code and sentenced to undergo Life Imprisonment for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code with fine of Rs.5,000/- and in default to undergo further six months Simple Imprisonment and for the offence punishable under Section 323 read with Section 149 of the Indian Penal Code to undergo three months Rigorous Imprisonment with a fine of Rs.5,00/- and in default to undergo three months Rigorous Imprisonment as well as for the offence punishable under Section 324 read with Section 149 of the Indian Penal Code to undergo one year Rigorous Imprisonment with fine of Rs.500/- and in default to undergo further thirty days Simple Imprisonment. They are also convicted for the offence under Section 143 of the Indian Penal Code and sentenced to undergo three months Rigorous Imprisonment. They are also convicted for the offence punishable under Section 147 of the Indian Penal Code for six months Rigorous Imprisonment and for the offence punishable under Section 148 of the Indian Penal Code to undergo one year Rigorous Imprisonment.

(3.) THE present application is opposed by Ms. C.M. Shah, learned APP appearing on behalf of the respondent-State. It is submitted that on appreciation of evidences on record the learned Judge has held the applicants guilty for the aforesaid offences and, therefore, at this stage, it cannot be said that the learned Judge has committed any error and, therefore, as such the applicants are not required to be released on bail. It is submitted that as such all the accused are belonging to a particular gang, namely 'IRON Gang', and all of them for the purpose of settlement called the complainant and started beating the complainant and other persons and caused serious injuries and at that time when the deceased Arvindbhai tried to intervene he was very seriously beaten and he sustained serious injuries and ultimately he succumbed to the injuries and died. It is submitted that merely because the original accused no. 1 only gave the vital blow the other persons are not required to be released on bail as such they are found to be part of the unlawful assembly and they are convicted under Section 149 of the Indian Penal Code also. Making the above submissions, it is requested to dismiss the present application.