NILESHBHAI DHANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellants have challenged the judgement and order of conviction and sentence dated 15.09.2006, passed by the learned Presiding Officer, Fast Track Court No.3, Bhavnagar, whereby the learned court below has convicted the original accused Nos. 3, 4 and 8 for the offences under sections 302, 307, 324 and 326 of the Indian Penal Code ( for short " IPC). For conviction u/s.302 of the IPC, the appellants have been sentenced to undergo imprisonment for life and fine of Rs.250/ each and in case of default of payment of fine, simple imprisonment for a further period of fifteen days. For conviction u/s. 307 of the IPC, the appellants were sentenced to undergo rigorous imprisonment for seven years and fine of Rs.250/ and in default of payment of fine, simple imprisonment for a further period of ten days. For conviction u/s.324 of the IPC, the appellants were sentenced to undergo rigorous imprisonment for one year and fine of Rs.100/ and in default of payment of fine, simple imprisonment for a further period of five days. For conviction u/s.326 of the IPC, the appellants were sentenced to undergo rigorous imprisonment for five years and fine of Rs.100/ and in default of payment of fine, simple imprisonment for a further period of ten days. All the sentences were ordered to run concurrently and the appellants were given the benefit of setoff.

(2.) A complaint was filed by the complaint, Jesingbhai Rajabhai, inter alia alleging that prior to one and half months of the incident while the appellant No.1 herein, Nilesh Dhanji was coming on his moter cycle from Gariyadhar village, he dashed his motorcycle with the complainant Jesinbhai Rajabhai. Due to this accident, the complainant sustained injuries and there were exchange of hot words between them. Therefore, Jesinghbhai Rajabhai, complainant lodged a complaint before the police authority. However, subsequently both the parties decided to settle the dispute and for that purpose, the present appellants along with coaccused Bhagwanbhai Savjibhai went at the house of grandfather of Jesinbhai Rajabhai (complainant) and told him to come at their house for compromise. Therefore, the complainant with his uncle Mavjibhai Valjibhai, Naranbhai Valjibhai, Valjibhai Ratnabhai and Dineshbhai Rajabhjai went at the house of coaccused Dhanjibhai Parshottambhai for compromise.

(3.) It appears from the record that in the alleged incident two individuals viz. Valjibhia Ratnabhai and Mavjibhai Valjibhai had died. In order to prove that that death of the above two individuals died a homicidal, the prosecution has placed reliance upon the medical evidence on record in the form of testimony of Dr. Surendra Raviraj (P.W.18), who is the medical Officer and had performed autopsy of dead bodies and also the post mortem report of both the deceased.