STATE OF GUJARAT Vs. CHAUHAN MULSINH CHEHARSINH

JUDGEMENT

(1.) Both these Appeals have been preferred against an order and judgment delivered by Additional Sessions Judge, Mehsana, on 22.2.1996, in Session Case No. 159 of 1995.

(2.) 13 accused came to be tried by learned Additional Sessions Judge, Mehsana, in the above said Session Case for the charges levelled against them under Sections 147, 148, 302 read with Section 149, Section 326 read with Section 149, Section 323 read with Section 149, Section 504 of the IPC and under Section 135 of the Bombay Police Act.

(3.) The incident in question occurred at village Ranchhodpura, Taluka Vijapur, District Mehsana on11.6.1995 at about 20.30 hours. Complaint came to be filed by PW-9 Kantaben, widow of Dinusinh before Police Inspector Vijapur. Accordingly, the family of complainant Kantaben along with her husband Dinusinh who is deceased in this case were residing in the said village and the family of the accused also resided in the same village. Accused and complainant party belongs to same family. Between the complainant side and the accused family, there was enmity in respect of sending invitation to some family members on an occasion of after death ceremony of one Hajursinh Ratansinh, uncle of the deceased. On the day of the incident, some of the accused and their family members i.e. Maniba Vechatsinh, Kirtisinh Balusinh and Lalsinh Mulsinh started abusing deceased Dinusinh, husband of the complainant in the earlier part of the day, but the deceased did not respond to it and went to his field to bring mangoes and returned to his house at about 20.00 hours. After putting the mangoes brought from the field in the house, deceased Dinusinh went to the village for having masala from pan shop. He wanted to have bath and, therefore warm water was prepared by complainant Kantaben and hence Kantaben followed deceased Dinusinh for calling him for a bath. At the time, she noticed that accused No.11 Chauhan Jankba Balusinh and accused No. 10 Chauhan Ramilaben Balusinh uttering abuses started stone pelting on Dinusinh. At that time, accused No.1 Chauhan Mulsinh Cheharsinh with a sword, accused No.2 Chauhan Dhulsingh Chersingh with dharia, accused No.3 Chauhan Kiritsinh Balusinh with spear, accused No.4 Madansinh Vecharsinh, accused No.5 Chauhan Jitusinh Vechatsinh, accused No.6 Chauhan Lalsinh Mulsinh, accused No.13 Chauhan Udesinh Hamirsinh, all with sticks in their hands ran towards Dinusinh. Accused No.7 Chauhan Takhaba Mulsinh and accused No.9 Chauhan Bachuba also came running to the spot exhorting abuses and sticks in their hands. On seeing these persons, deceased Dinusinh to save his life ran towards a heap of dung and babul tree on road, however he fell down near the heap of dung. All the above accused surrounded the deceased and accused No.1 Mulsinh Cheharsinh inflicted one sword blow on the neck of the deceased. On hearing this commotion, Laxmansinh, PW-10, younger brother of the deceased reached to the spot, to whom accused No.1 Mulsinh Cheharsinh inflicted a sword blow on his back. PW-12 Bhikusinh Hajursinh who resided near the scene of offence and one Kanaksinh also reached at the place of offence to rescue Dinusinh and, therefore, all the 13 accused ran away. PW-13 Jitendrasinh Dalpatsinh was also present there who brought a rickshaw immediately at the spot. At that time, accused No.13 Udesinh Hamirsinh wielded big iron scissor on the wind screen of rickshaw and wind screen was broken. Deceased was taken to Government Hospital at Vijapur where he was declared dead. The complaint came to be recorded as above said before PW-14 Uderajsinh Chandrabhansinh Thakur, PI, Vijapur Police Station at about 22.00 hours. Through yadi from the hospital, IO came to know that Dinusinh had died and, therefore, after recording the complaint an offence was registered for the above said charges and investigation was carried on. As a result of the investigation, charge sheet for the above said offences came to be filed before the learned Judicial Magistrate, First Class, Vijapur, who in turn committed the case to the Court of Sessions at Mehsana which was registered as above numbered Session Case No. 159 of 1995. Vide Exh. 24 a charge was framed on5.12.1995 against all the 13 accused by learned Additional Sessions Judge, Mehsana, to which all the accused pleaded not guilty and hence the prosecution examined 14 witnesses to prove its case and produced documentary evidence. After recording of the statements of the accused as regards evidence, in which the case of the accused was of total denial. Learned Additional Sessions Judge heard learned APP as well as learned Advocate for the accused and also took into consideration memorandum of written arguments placed by learned Advocate for the defence on record.