MERU JETA ADADARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 797 of 2007 under sec. 374(2) of the Code of Criminal Procedure, has been preferred by the Appellants-Original Accused No. 1, 3,4 and 5 and Criminal Appeal No. 2670/2008 under sec. 374(2) of the Code of Criminal Procedure, has been preferred by the Appellant- ori. Accused no. 2, against the same judgment and order of conviction and sentence dated 13.2.2007 passed by the learned Addl. Sessions Judge & Fast Track Judge, Junagadh in Sessions Case No. 14/2003, whereby, the learned trial Judge has convicted the present appellants ori. Accused no. 1 to 5 under sec. 302, 120(B) and 149 of IPC and sentenced them to undergo R/I for life and to pay a fine of Rs. 5000/-, in default, to undergo further S/I for six months. The appellants ori. Accused no. 1 to 5 have been convicted under sec. 341 and 149 of IPC and sentenced them to undergo S/I for one month, which is impugned in both these appeals. Since both these appeals arise out of the same judgment and order of conviction and sentence, they are heard and disposed of by this common judgment.

(2.) 2.1 The brief facts of the prosecution case is that the incident in question took place at about 9.30am on 6.9.2002 on the outskirt of village Miti. It is the case of the prosecution that the complainant, Mer Rajabhai Parbatbhai had gone to village Bagasara for work in company of Bhanu Abhu and Sarman Karsan on motorcycle of the complainant at about 7.00am. It is the case of the prosecution that after completing the work, when they were returning in the sim of village Fulrama village, on the way to village Miti, all the accused persons came out from the Babul bush. It is further the case of the prosecution that original accused no. 1 Meru Jeta and accused Bhima Manda (who came to be killed in encounter) had stopped the motorcycle of complainant on assault being carried out by the accused. It is the case of the prosecution that all the three persons got down from the motorcycle and started running. It is the case of the prosecution that accused caught Bhanu Abhu and assaulted with sharp-cutting weapons like sword, axe, pipes, wooden gedia and sticks. That accused no. 1 Meru Jeta and deceased accused Bhima Manda took Bhanu Abhu on their motorcycle to the crematorium of village Miti and they assaulted with sharp cutting weapon. It is the prosecution that complainant Mer Raja Parbat and Sarman Karsan ran away from that place and went to the house of Shantaben Nagabhai and informed about the incident. It is the case of the prosecution that Shantaben Nagabhai went to the cremotorium of village Miti and found Bhanu Abhu lying in injured condition and accused were standing with weapons. That when Shantaben Nagabhai went to take Bhanu Abhu the accused persons threatened her tokill and so she ran away from that place. That on the way, Shantaben met police Jamadar Silubhai and Mansingbhai and informed about the incident. That police witnesses went to the crematorium and found Bhanu Abhu in seriously injured condition and on enquiry Bhanu Abhu informed that accused no. 1 Meru Jeta, accused no. 3 Vajashi Mulu and accused no. 5 Keshubhai Dudabhai had beaten him and thereafter could not speak anything further and became unconscious. The police constable took Bhanu Abhu in rickshaw of Kalabhai Nagabhai and when they were removing Bhanu Abhu, Shantaben met them on the way and after taking her in rickshaw went to the house of Shantaben. That Bhanu Abhu died on the way and thereafter he was removed to Government Hospital, Mangrol by putting him in Gipsy vehicle. Therefore, the complainant Raja Parbat filed the complaint before the Shil Police Station.

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