STATE OF GUJARAT Vs. KOLI TAPPU AMRA

JUDGEMENT

(1.) ALL these appeals are preferred against the judgment and order dated 4.3.1998 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case No.59 of 1995, arising from the FIR lodged with Gadhada police station being CR.No.I -89 of 1994 on 4.3.1998 for the offences punishable under sections 302 and 114 of the Indian Penal Code and section 135 of the Bombay Police Act.

(2.) CRIMINAL Appeal No.376 of 1998 and Criminal Appeal No. 1084 of 1998 are preferred by the State of Gujarat under section 378 of the Code of Criminal Procedure as the judgment and order of conviction is passed under section 304 Part -II and order of acquittal is passed under section 302 against all the three accused. Thus, two appeals have been preferred by the State. Whereas, Criminal Appeal No.377 of 1998 is preferred by the State against the sentence challenging the conviction and Criminal Appeal No.272 of 1998 is preferred by accused No.1 - Koli Rana Tappu under section 374 of Indian Penal Code being appeal against the conviction. Following details emerging from the case of the prosecution in the complaint would be relevant for deciding the present set of appeals.

(3.) IT is the case of the prosecution that on 4.12.1994 at around 11:00 a.m. to 11:30 a.m. in thickly populated market area of Gir -Gadhada, the incident in question had occurred. The deceased Oghad Lakha and accused Koli Rana Tappu (hereinafter referred to as "accused No.1") were quarreling with each other and this had resulted into acrimonious exchange of words. Three other accused standing at a distance of 5 ft to 7 ft were supporting accused No.1. Accused No.1 was armed with knife and he inflicted a blow by knife in the abdomen of Oghad Lakha, the deceased. Koli Tappu Amra (hereinafter refererred to as "accused No.1") had dharia in his hand and Koli Rama Tappu (hereinafter referred to as "accused No.3") had stick in his hand. Both of them ran to attack Oghad Lakha, the deceased complainant. Koli Karshan Lakha (hereinafter referred to as "accused No.4") is alleged to have held the deceased Oghad Lakha from back. It is the case of the prosecution that accused No.1 once having been given the knife blow, accused No.4 had caught hold of Oghad Lakha from behind and then accused No.1 attempted to inflict another blow with knife, which was stopped by Oghad Lakha, and therefore, he sustained injuries in his left hand. It appears that one witness P.W.No.4 - Rama Tappubhai Vaghela and P.W.No.5 -Arjanbhai Govindbhai, had tried to pacify the matter. The deceased fell down on the account of the injuries. Omentum from abdomen had come out and he was profusely bleeding. He was removed to Gir -Gadhada dispensary where doctor was not available, and therefore, he was removed to Community Health Centre, Una, where he was given preliminary treatment and was advised to be taken to Junagadh Civil Hospital, where FIR came to be lodged against the four accused.