KANAJI BHIKHAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANTS ­ original accused have challenged judgment dated 31.1.2009 rendered by learned Sessions Judge, Banaskantha, Palanpur, in Sessions Case No.126 of 2008. They were charged with commission of offences punishable under Sections 147, 148, 149, 302, 307, 325 and 323 read with Section 34 of the Indian Penal Code. By impugned judgment, accused Nos.1, 2, 4, 5 and 6 were convicted under Sections 147, 148, 149, 302, 307, 323 and 325 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment with fine of Rs.100/ each and in default of payment of fine, they were sentenced to simple imprisonment of further seven days. Since the above sentence was imposed upon the appellants ­ accused in connection with commission of an offence punishable under Sections 147, 148, 149, 302, 307, 323 and 325 read with Section 34 of the Indian Penal Code, no separate sentence is imposed upon them for the offences punishable under Sections 147, 148, 149, 323 and 325 read with Section 34 of the Indian Penal Code. The sentence imposed upon the appellants ­ accused was directed to be undergone simultaneously.

(2.) BRIEFLY stated the prosecution version was that, the complainant of this case, namely, Daljibhai Keshaji Thakor(Parmar) resides in Chitroda village of Vadgam Taluka and he is doing farming. The deceased of this case, namely, Keshaji Bhikhaji was the father of the complainant and the accused no.1 Kanaji Bhikhaji Thakor and the accused no.2 Dhanaji Bhikhaji Thakor is the real uncle of the complainant. During the incident, the deceased and the uncles of the complainant were staying separately with their families in Chitroda village and they had share in the farm land known as "Sebaliya" on the outskirts of Chitroda village. There were two wells in the said farm. The complainant and his uncle Dhanaji had share on one well out of these and Ramaji, the uncle of the complainant and Kanaji had share on the other well. On 30.5.2008, at about two O'clock in the afternoon, Keshaji, father of the complainant, had brought the sparepart of the machine of his well from Kaleda as it was not in working condition and he had told the uncle of the complainant (accused no.2) that as he has brought sparepart for the machine of their well, he should give him the half of its cost. Therefore, Dhanaji had told that he waters his Bajra with the water of the well of Kanaji, and, therefore, he will not give him his share of expenses. Therefore, Keshaji, the father of the complainant had told that even if the machine of their well gets repaired, he will not allow him to handle the machine (take water) until he gives him the share. Thereafter, Dhanaji, accused no.2 went away from there. Thereafter, at about seven O'clock in the evening, when the complainant, his wife Sitaben and his young son and Keshaji, the father of the complainant; Manekben, the mother of the complainant; and Dashrathji, the younger brother of the complainant, were returning to their house from the farm, they had come across on the way, the uncle of the complainant Kanaji Bhikhaji Thakor, accused no.1 with a stick, Dhanaji Bhikhaji Thakor accused no.2 was armed with a scythe, Kalubhai Kanaji Thakor was armed with an iron pipe, the aunt of the complainant, Nandaben Kanjibhai Thakor accused no.4 was armed with a stick in hand, the other aunt of the complainant Gitaben Dhanjibhai Thakor accused no.5 was armed with a sickle and family sister of the complainant, Laxmiben d/o Kanjibhai Bhikhaji accused no.6 was armed with a sickle in hand and at that time, accused No.2 Dhanaji started saying to Keshaji as to why he is saying not to take water after the machine of well is repaired. Thereupon, the father of the complainant told him that he will have to give repairing expense. Thereupon, all these six persons got instigated and the accused no.2 Dhanaji inflicted a blow on the head of the father of the complainant with the scythe, as a result, the father of the complainant fell down and the accused no.1 Kanaji and the accused No.3 Kalubhai Kanaji caused injuries with a stick and pipe respectively on the legs of the father of the complainant. At that time, the complainant intervened and, therefore, the accused no.2 Dhanaji also inflicted a scythe blow upon his head. The accused No.4 Nandaben inflicted a stick blow on the right leg and the accused No.5 Gitaben inflicted a blow on the shoulder part, as a result, there was an abrasion. As the accused No.1 Kanaji inflicted stick blows on the left hand and leg of the mother of the complainant, she sustained fractures. The accused No.5 Laxmiben gave a reverse blow of sickle to Dashrathji and the accused No.1 Kanaji inflicted stick blow to Dashrath on left leg. At that time, the complainant and his wife requested the accused with folded hands to go away and, therefore, the accused persons went away from the scene. The deceased and the injured persons were taken to hospital where the father of the complainant was declared dead by the doctor on duty. The complainant had lodged complaint in Vadgam C.H.C. before the Incharge P.S.I. of Vadgam Police Station.

(3.) THE prosecution examined the following witnesses to bring home the guilt of the accused : <FRM>JUDGEMENT_2687_TLGJ0_2013.htm</FRM> <FRM>JUDGEMENT_2687_TLGJ0_2013(1).htm</FRM>