MUKESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These five convicts of two Sessions Case No.44 of 2013 and 10 of 2014 have filed four separate appeals against the judgment and order of conviction dtd. 22/8/2019 passed by the Additional Sessions Judge, Porbandar.

(2.) In the aforesaid trial, eight accused were tried of whom six were convicted and two were acquitted. The case of the prosecution was based on the evidence of eye witnesses.

(3.) This is the case where the facts are that the accused namely Bharat @ Bagho Keshav Lodhari was arrested by the police under the provisions of prohibition act on a secret information received by the police. Thereafter, Bharat @ Bagho Keshav Lodhari had a belief that it is the complainant's father namely Ramji @ Paga Devsi Panjri and his brother Jitu and Ramesh had given the said information, as a grievance, on 24/1/2012 the accused had beaten Rameshbhai and Ashokbhai. Thereafter on account of such grievance, the accused conspired prior to 3 days from the date of incident and pursuant to the said conspiracy the accused by forming an unlawful assembly on 6/7/2013 at about 12 o'clock in the night hours, the accused had stopped the deceased at Vandri Chowk, Kharwawad, Porbandar and started beating with weapons like iron pipe to the deceased by using filthy language. During the incident, the accused namely Pratap Vinjha had taken out the knife and ran after the complainant. It is further stated that one Hiraben and auntie of complainant (foi) namely Dhanuben came and tried to save the deceased. It is therefore alleged that the accused namely Bharat @ Badha Keshav had given a push to Dhanuben and on shouting, the accused ran away from the scene of offence by shouting that "one is left".