DHIRUBHAI UKABHAI BHUVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE original accused Nos.1 to 5 have filed Criminal Appeal No.1767 of 2006; whereas original accused No.6 has filed Criminal Appeal No.2013 of 2005.

(2.) ALL the accused persons were found guilty for the offences punishable under Sections 147, 148, 302 r/w 149, 323 r/w 149, 324 r/w 149 and 325 r/w 149 of the Indian Penal code (for short IPC) and were awarded different sentences for different offences with fine, including imprisonment for life in Sessions Case No.55 of 2004 by the learned Additional Sessions Judge, Amreli on 27/05/2005. Questioning the impugned judgment and order, they have filed these two appeals.

(3.) LEARNED APP submitted that there was ample evidence on record to establish the offence punishable under Section 302 as also under Section 149 of the IPC and other relevant provisions, inasmuch as, the incident in question was followed by previous incident, which occurred in the morning and it was to avenge that, that A 1 to A5 laced with wooden logs, came to the scene of offence and after beating, chased him down and thereafter caused as many as ten injuries, three of them being fatal, on his head. Each one of them was sufficient to cause death of the deceased in ordinary course of nature. It was submitted that therefore this Court may confirm the sentence as awarded by the learned Court below.