KANTIBHAI KALABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both the appeals arise from the common judgment & order passed by the learned Sessions Judge in Sessions Case No.39/09, they are being considered simultaneously.

(2.) The short facts of the case are that Jayantibhai Shanabhai Chauhan, PW6 filed complaint (Exh.47) with Kapadwanj Rural Police Station stating that on 10.12.2008 when he was with his father Shanabhai Sukhabhai (deceased) and his brother Prabhatbhai Shanabhai and his younger brother Rabhabhai Shanabhai with Daulatbhai Budhabhai, Savitaben Rabhabhai, Madhuben Raisingbhai and Puniben Jayantibhai, at about 7.30 evening, accused no.1 Kantibhai Kalabhai (A1) with iron rod (kosh), accused no.2 Pratapbhai Fatabhai (A2) with stick, accused no.3 Manubhai Badarbhai (A3) and accused no.4 Babubhai Badarbhai (A4) with dhariyu, accused no.5 Chimanbhai Somabhai (A5), accused no.6 Jesingbhai Kalabhai (A6), accused no.7 Rameshbhai Kalabhai (A7) and accused no.8 Dhirabhai Fatabhai (A8) with brick pieces came at the residence of the complainant and told that why Vimlaben who is the widow of Ramabhai Fatabhai is being harassed by Bhikhabhai Budhabhai who is their family member and thereafter, they started abusing and the blows were given upon the complainant and his group. A1 gave blow on the left side of the head to the deceased with the iron rod, A2 gave blow to the deceased with the stick on the lower part of the stomach, A3 gave blow with dhariyu to the deceased from reverse side on the backbone. Further, A4 gave a blow of dhariyu to his brother Ghelabhai on the right side of the head and A5, A6, A7 and A8 threw brick pieces upon them and as a result thereof, Jashiben Ghelabhai was injured on the jaw of the mouth, Naniben was injured on the left hand, Savitaben and Rabhabhai were injured on the forehead, Madhuben was injured on the right leg at the bottom and Puniben was injured on the left knee. Since shouting was made and the crowd had assembled together, the aforesaid assailants had escaped. Thereafter, his brother Ramabhai informed on No.108 and the ambulance was brought. When the doctor examined his father Shanabhai, he was found dead. Therefore, the complaint was filed.

(3.) The aforesaid complaint was investigated by the police and ultimately, the chargesheet was filed against 8 accused. The case was committed to the Sessions Court being Sessions Case No.39/09. The learned Sessions Judge conducted the trial. The prosecution in order to prove the guilt of the accused, examined 15 witnesses and produced 27 documents, details of which are recorded by the learned Sessions Judge at para 4 of the judgment. The learned Sessions Judge thereafter, recorded the statement of the accused under section 313 of Cr.P.C., wherein each of the accused denied the evidence against them and in the further statement, the accused stated that a false case has been filed against them. The learned Sessions Judge thereafter, heard the prosecution and defence and the learned Sessions Judge found that the prosecution has been able to prove the case against A1 for the offences under sections 302 and 504 of IPC. Whereas, the prosecution has not been able to prove the case against the other accused for the offences under sections 147, 148, 302, 323, 324 337, 504, 506(2) read with 149 of IPC, but they can be convicted for their individual role for the offence under sections 323 and 324 and 504 respectively and were accordingly convicted.