RATANSING MANGALSING GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case No.1/2008, whereby the learned Sessions Judge has convicted all the accused for respective offences, which shall be dealt with by us herein after at the appropriate stage. We may state that for the sake of convenience, appellants shall be referred to as per their original status in the trial Court as "A -1" to "A -8".

(2.) THE short facts of the case are that on 2.10.2007, a complaint was filed by Kesrisang Kashibhai (PW -10) with Kavi Police Station, stating that at about 8 O Clock in the evening when the complainant was present in the vegetable shop, he heard shouting nearby residence of Ratansing Mangalsing Gohil (A -1). When he came out from his cabin, he found that on right side the residence of Ratansing Mangalsing Gohil, A1 with spear in his hand, Arvindbhai Fatehsing Gohil, A -2 with spear in his hand, Natwarbhai Mangalbhai Gohil, A -3 with spear in his hand, Nileshbhai Raisingbhai Gohil, A -4 with stick in his hand, Vinodbhai Arvindbhai Gohil, A -5 with stick in his hand, Raisingbhai Pahdsing Gohil, A6 without any weapon, Ambalal Bhikhabhai Gohil, A -8 were loudly shouting that Narsinh Kashibhai Gohil be liquidated, since he was in air and at that time, Raising (A -6) and Ranchhodbhai Pahdsing Gohil, A -7 had caught hold of Narsinh and Ratansing Mangalsing Gohil, A -1 had given a blow on the chest of Narsinh with the spear and as a result thereof, the brother of the complainant, Narsinh had fallen down. In the complaint, it was also stated that A -6 and A -7 had pulled the body of Narsinh with legs and A -8 had caught hold of the testicles of Narsinh and applied pressure. As shouting was heard, the brother of the complainant Jagmalbhai Kashebhai (PW -11), his son Ashokkumar Keshrisinh (PW -12), Abhesing Chhaganbhai (PW -13) and Thakorbhai Jagmalbhai (PW -17) had gone and intervened. At that time, A -2 gave a blow on the left eye of Jagmalbhai Kashebhai with the spear and A -3 gave a blow with the spear on the left eye of Abhesing Chhaganbhai (PW -13) and the son of the complainant Ashokkumar Keshrisinh (PW -12) was beaten with the stick by Nileshbhai Raisingbhai (A -4) and A -5 gave a blow of stick to Thakorbhai Jagmalbhai (PW -17). At that time, Narsinh was shredded with blood on account of the injury and he had fallen down and he had died. As per the complainant, all the accused ran away with the weapon and the complaint was filed.

(3.) THE police investigated into the complaint and ultimately, the charge -sheet was filed against all the accused. The case, thereafter, as was triable by the learned Sessions Judge, was committed to the Court of the learned Sessions Judge. The learned Sessions Judge tried the case. The prosecution in support of his case, examined 18 witnesses. The details are at paragraph 6 of the judgement of the learned Sessions Judge. The prosecution also produced the documentary evidence in support of the case. The learned Sessions Judge recorded statement of all the accused separately under Section 313 of Cr.P.C., wherein the accused denied the evidence against them and stated that the blood stains found on the RCC road is not correct, but the blood stains were found inside the house of Ratansing Mangalsing Gohil, A -1 and it was also stated that it is true that the piece of stick and piece of bangles were found inside the house and other evidences are not admitted. In the further statement of the accused it was stated that the deceased had entered the house of Ratansing Mangalsing Gohil, A -1 with the knife and had quarrel for fish and thereafter he had thrown hockey from outside, as a result of which, Ratansing Mangalsing Gohil, A -1 sustained injury on his leg. When the scuffle was there between Ratansing Mangalsing Gohil, A -1 and the deceased, at that time, the deceased sustained accidental injury due to spear, which was lying inside the house and the deceased was in drunken position and the accused are innocent and they have not caused any injury.