GANPATBHAI @ BHIKHABHAI VIRABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973, the appellants - original accused have challenged the judgement and order of conviction dated 10.11.2006 rendered in Sessions Case No. 26 of 2006 passed by learned Additional Sessions Judge, Fast Track Court No. 3, Surendranagar, whereby the trial Court convicted the appellants for the offences under Sections 302, 323 read with Section 114 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life with fine of Rs. 5000/ - and in default, one year s simple imprisonment for the offence punishable under Section 302 of the IPC and rigorous imprisonment for six months with fine of Rs. 1000/ - and in default, simple imprisonment for one month for the offence punishable under Section 323 read with Section 114 of the IPC.

(2.) THE brief facts of the prosecution case are that on 29.12.2005 at about 8.30 a.m. when the complainant deceased Jayeshbhai Tabhabhai Devabhai Makwana went to duty at the factory, his friend Pankaj Somabhai was quarrelling with the security personnel of the factory i.e. accused No. 1 Makwana Ganpatbhai. Therefore, as he intervened, one another unknown boy having age of 21 -22 years, accompanied with Ganpatbhai, was also quarrelling with Pankaj, a friend of the complainant. He was armed with necked sword. Therefore, as the deceased complainant intervened to get them separated, the boy inflicted one blow with the sword on the right side of the chest of the complainant. At that time, Pankaj a friend of the complainant deceased Jayeshbhai caught the sword. Therefore, the guard and the persons accompanied with him started assaulting Pankaj with stick. There was extremely bleeding from the chest of the complainant. Therefore, Rameshbhai Dalabhai and Parshottambhai Mavjibhai Dodiya working in the factory arrived there and the accused persons had gone. Rameshbhai Dalabhai took the complainant to Gandhi Hospital for treatment. The complainant has stated in his complaint that the incident occurred in the factory at about 8.45 a.m. He is fully conscious while making the complaint and he states that a son of the security personnel was also involved in the quarrel. The complainant stated in his complaint that the quarrel took place between his friend Pankajbhai Somabhai and accused Ganpatbhai, his son and another unknown boy. When he intervened, the unknown boy inflicted sword blow on the complainant. On the basis of the complaint, the investigation was started. Offence punishable under Sections 326, 114 of the Indian Penal Code and under Section 135 of the Bombay Police Act was registered against the accused. The complainant died during treatment. Therefore, section 302 of the Indian Penal Code has been added subsequently. After completion of investigation, charge sheet was filed before learned Judicial Magistrate First Class, Vadhvan on 18.2.2006. As the case was triable by the Court of Sessions, it was committed to the Sessions Court, Surendranagar.

(3.) TO prove the case against the present appellants, the prosecution has examined the following witnesses whose evidence is read before this Court. <FRM>JUDGEMENT_274_LAWS(GJH)10_2013.htm</FRM>