RAJPUT NARANBHAI JETHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants-ori. Accused no.1,6,7,8 and 14 have preferred Criminal Appeal No. 1131/2007 and the appellant-ori. Accused no. 17 has preferred Criminal Appeal No. 1225/2007 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.8.2007 passed by the learned Addl. Sessions Judge & Presiding Officer,5th Fast Track Court, Rajkot in Sessions Case No. 66/1998, whereas, acquittal appeal being Criminal Appeal No. 687/2008 has been preferred by the State under section 378(1) of the Code of Criminal Procedure against the judgment and order of acquittal acquitting the respondents. whereby, the learned trial Judge has convicted the appellants- ori. Accused No. 1,6,7,8 & 14 under sec. 323 of IPC and sentenced them to undergo R/I for six months and to pay a fine of Rs. 500/- each, in default, to undergo further S/I for one month. The appellants- ori. Accused no. 1,6,7,8 & 14 also convicted for the offence under sec. 135 of the Bombay Police Act and sentenced them to undergo S/I for one month and to pay a fine of Rs. 100/- each, in default, to undergo further S/I for ten days. The appellant- ori. Accused no. 17 is also convicted under sec. 302 of IPC and sentenced to undergo R/I for life and and to pay a fine of Rs. 10,000/-, in default, to undergo further S/I for two years, which is impunged in these appeals. Since all the appeals arise from the judgment and order of the trial Court, they are heard and decided by this common judgment.

(2.) 2.1 The case of the prosecution is that the complainant Narendrasinh B.Jadeja, PSI, Paddhari Police Station registered a complaint against the accused persons with Paddhari Police Station, which was registered as CR No. I-1 of 1998 for the offences punishable under section 147, 148, 149, 323, 324, 325326, 302 and 135(1) of the Bombay Police Act. In the FIR it is alleged that the complainant Police Sub Inspector had gone to Khandheri at about 10.45 hours. At about 17.30 hours, while he was passing from the road near Patel Parotha House situated at Padadhari, he saw about 20 to 25 persons belonging to Darbar community of Khakhara Bela village with sticks, dharia etc. It is alleged that upon seeing one Jairajsinh, he raised his shouts and stopped them from proceeding further and pursuant to which the said group of 20 to 25 persons allegedly escaped whereas the complainant proceeded further. It is further alleged that at that point of time, the complainant saw the group of about 50 persons belonging to Rajput community with motor cycles and rickshaw. It is alleged that the said group was armed with weapons. It is alleged that the group belonging to Rajput community ran after the persons of Darbar community. Upn seeing the said chasing, the complainant attempted to stop the group of persons of Darbar community, but allegedly failed. It is further alleged that thereafter scuffle took place between the two groups. It is also the case of the prosecution that there was a free fight between the two groups and with a view to stop the said groups, in caution the complainant fired from his revolver and thereafter two groups disbursed. It is further the case of the prosecution that upon further inquiring the complainant came to know that in the morning if ill-fate day, the accused no. 17 had gone to the office of the Taluka Panchayat of Padadhari where he found one Jairajsinh sitting on the chair of the President of Taluka Panchayat. It is also alleged that the said meeting was thereafter converted into some verbal exchange between the two and thereafter in the evening alleged incident took place. It is alleged that the accused no. 17 had threatened one Jairajsinh Lakhubha Jadeja and thereafter in the evening along with the members of his own community with a view to kill the deceased Hardevsinh @ Harvijaysinh Popatbha, an unlawful assembly was formed and pursuant to the common object of unlawful assembly, the accused no. 17 inflicted sword blow on the chest of deceased Hardevsinh and committed his murder. Accused no. 14 inflicted pipe blow on Jayendrasinh Chatursinh and intentionally caused grievous hurt to him. Accused no. 6 inflicted pipe blow on the head of Jayrajsinh Lakhubha and caused hurt intentionally and accused no. 17 caused injury to Karansinh Mahipatsinh by inflicting sword blow. 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.