STATE OF GUJARAT Vs. BABUBHAI BHESABHAI GHODIA PATEL

JUDGEMENT

(1.) Both these Criminal Appeals emanate from the judgment and order dtd. 11/2/2005 passed by Additional Sessions Judge, Fast Track Court No.4, Navsari, in Sessions Case No.42 of 2004, wherein and whereby, the trial Court has acquitted the original accused Nos.5 and 6 i.e. Mangubhai Bhisabhai Ghodia. Patel and Kiranbhai Chhotubhai Ghodia. Patel, respectively and convicted the original accused Nos.1 to 4 for the offence punishable under Ss. 304 Part-II read with Sec. 34 of the Indian Penal Code, 1860 for short "the IPC". and sentenced imprisonment for a period of 5 years.

(2.) Being aggrieved by the judgment and order passed by the trial Court, the State has filed the appeal against all the six accused, whereas, the original accused Nos.1 to 4 had filed the captioned Appeal being Criminal Appeal No.465 of 2005, challenging the conviction under provisions of Sec. 304 Part-II read with Sec. 34 of the IPC. BRIEF FACTS:

(3.) The case of the prosecution is that the complainant - Kikubhai Gamanbhai, PW-1), filed a complaint before Chikhali Police Station, alleging that on 3/8/2004, when he along with his wife - Babitaben had gone for agricultural work in his field, at the relevant point of time, the father of the complainant viz. Gamanbhai had also gone for grazing the cattle and at around 5 hours, in the evening, he heard cries of his father, who shouted for help and accordingly hearing such cries the complainant along with his wife - Babitaben PW-2, went there and saw all the accused - Babubhai Bheisabhai Ghodia. Patel, Chhotubhai Bheisabhai Ghodia. Patel, Dharmeshbhai Babubhai Ghodia. Patel and Rakesh Chhotubhai Ghodia. Patel, were inflicting stick blows to his father and the accused-Mangubhai Bheisabhai Ghodia. Patel and Kiranbhai Chhotubhai Ghodia. Patel were inflicting fist and kick blows to his father. Both of them rushed to the place of the incident and saw their father, who had received severe injuries on head and nose and immediately they have taken him to the house of one Chandubhai, where he succumbed to the injuries. Accordingly the complaint at Exh.12 was registered by the complainant on 4/8/2004. After recording the statements of the relevant witnesses, the Police thereafter filed the charge-sheet before the Judicial Magistrate, First Class. Since the offence was exclusively triable by the Sessions Court, the same was committed to the Court of Additional Sessions Judge, Fast Track Court No.4, Navsari for trial Sessions Case No.42 of 2004.