RAMESH @ RANGO MULJIBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellants, original accused, have challenged the judgment and order dated 31.07.2009 passed by the learned Addl. Sessions Judge, Fast Track Court No.3, Bhavnagar in Sessions Case No.187 of 2008 whereby, all the appellants were convicted for the offences u/s.302, 326, 324, 323, 504 and 114 of Indian Penal Code (for short, "the IPC") and Section 135 of Bombay Police Act (for short, "the BP Act"). For conviction u/s.302 r/w. s.114 IPC, the appellants were sentenced for life and imposed fine of Rs.1000/ -each and in default, rigorous imprisonment for three years. Whereas, for conviction u/s.326 IPC, the appellants were sentenced for seven years rigorous imprisonment and imposed fine of Rs.1000/ -each and in default, rigorous imprisonment for one year. For conviction u/s.324 IPC, the appellants were sentenced for one year rigorous imprisonment and imposed fine of Rs.1000/ -each and in default, rigorous imprisonment for one month. For conviction u/s.323 IPC, the appellants were sentenced for six months rigorous imprisonment and imposed fine of Rs.500/ -each and in default, rigorous imprisonment for one month. For conviction u/s.504 IPC, the appellants were sentenced for one year rigorous imprisonment and imposed fine of Rs.500/ -each and in default, rigorous imprisonment for three months. No separate sentence was imposed for conviction u/s.135 BP Act. All the above sentences were ordered to run concurrently. The appellants were given the benefit of set -off.

(2.) THE facts in brief are as under; It is the prosecution case that the alleged incident took place on 03.06.2008 at about 1930 hrs. There was some exchange of words between appellant no.1 -accused no.1 and Sureshbhai. It is the further case of prosecution that appellant no.1 came with a stick in the company of other three appellants, who were also armed with weapons. The complainant, Jamnaben Nagjibhai, was returning from work and noticed that the appellants were quarreling with Sureshbhai under the influence of liquor. During that time, the complainant was also inflicted 2 4 stick blows on her left leg. Therefore, she raised shouts for help and at that time, appellants no.3 and 4 came there and appellant no.3 inflicted sword blow on Sureshbhai. Thereafter, all the four accused assaulted injured -Sureshbhai and thereafter, fled the scene of offence. In the said incident, Sureshbhai sustained severe injuries and ultimately, died.

(3.) MR . A.D. Shah learned counsel for the appellants contended that deceased died not on account of the injuries allegedly caused by the appellants. He has drawn our attention to the evidence of Dr. Mukeshbhai Anilbhai Shah (PW -6) and also the post -mortem report (Exh.58).