THAKORE RAMESHJI ABHUJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by original accused Nos. 1 to 6 -the appellants, herein, challenging the judgment and order of the learned S. Additional Sessions Judge, Mehsana, rendered in Sessions Case No. 6 of 2010, whereby, they are convicted and sentenced as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged by one Baldevji Ramaji Thakor before PI, Kadi Police Station, on 07.10.2009, wherein, he stated that he is residing at the address mentioned in the complaint along with his family. It is stated in the complaint that including the complainant, they are four brothers and they earn their livelihood by cultivating joint agricultural land of the family, which is admeasuring about 15 bighas. It is also stated in the complaint that there was a rivalry going on between the complainant side and the accused side for last about 25 years. The complainant, then, went on to narrate the alleged offence stating that before about two months prior to the alleged offence, he along with his brothers left village Vidaj and came to reside at Indirapara at village Vidaj on account of the aforesaid rivalry. Despite that the accused persons used to visit the houses of the complainant and his brothers in Indirapara and they used to abuse and threat them to went away from there. It is, further, stated in the complaint that on account of such a behaviour on the part of accused persons, the son of the complainant, namely Vishnuji, had lodged a complaint with Kadi Police Station before about one week prior to the alleged offence and by keeping grudge on account of the same, all the aforesaid accused persons came to the house of the complainant at about 02:00 p.m. on 07.10.2009. At that time, accused No.1 was armed with a Kodali an instrument with wooden handle and having sharp iron edge on one side, which is generally used for digging i.e. spade, whereas, accused Nos. 2 to 6 were armed with wooden sticks and they were hurling filthy abuses at the complainant and others. When the complainant asked them not to do so, they attacked the complainant and others. During the alleged incident, the complainant and others sustained serious injuries and later on the brother of the complainant, namely Balvantji, expired. On registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence against the accused, laid charge -sheet against them before the competent Court for trial.