RAMA CHENDAL PARGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is of 1986. It goes without saying that the accused -present appellants were enlarged on bail by this Court. Therefore, they have chosen not to appear before this Court though considerable period has elapsed. Ms.Brahambhatt, learned counsel states that the name of Mr.U.S. Brahambhatt, learned counsel is wrongly shown in the appeal and he has not filed his Vakalatnama.

(2.) THE present appellants herein -original accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the judgment and order of conviction and sentence dated 10.10.1986 passed by the learned Additional Sessions Judge, Panchmahal at Godhra in Sessions Case No.24 of 1986, whereby the learned Additional Sessions Judge convicted and sentenced all the appellants herein -original accused for the offence under Section 394 of IPC and sentenced them to undergo rigorous imprisonment of four years and to pay a fine of Rs.50/ -, in default, to undergo further rigorous imprisonment for one month and also learned Additional Sessions Judge convicted accused no.1 for the offence under Section 324 of IPC and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.50/ -, in default, to undergo further rigorous imprisonment for one month and also learned Additional Sessions Judge convicted accused nos.2, 3 and 4 for the offence under Section 323 of IPC and sentenced them to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.50/ -, in default, to undergo further rigorous imprisonment for one month.

(3.) THE brief facts of the prosecution case are that Complainant -Parthu Deepa Pargi resident of Bhitodi Village of Santrampura Taluka appeared before the Police Station, Office Fatehpura Police Station at about 8:45 a.m. on 31.05.1985. It is further case of the prosecution that on 30.05.1985, the complainant and his wife -Rasi and others went for labour work and when remuneration for the labour work was to be disbursed through the Sarpanch of Patisara Village, at that time, the complainant and others were went to the house of the Sarpanch. The complainant and other persons had got the sum of Rs.600/ - in all on account of their labour done. The complainant put the said amount in his pocket. The complainant has also received Rs.400/ - from the labourers as the price of two goats which he has sold. The said amount was also placed by him in his pocket . At about 7:00 p.m., when the complainant, his uncle were passing by the field of Tika Suka and Mana Puna, they found accused no.4 lying down in the field. On seeing the complainant and his companions, accused no.4 told them who were you. Accused No.4 identified them and called his brother -accused no.1 by shouting. On hearing the shout, Rama Gendal rushed to the spot with Dhariya in his hand and accused nos.2 and 3 also followed him by speaking abusive language. Accused No.1 inflicted dhariya blows on the head of Complainant and inflicted stick blow on various parts of the body. At that time, accused No.2 and 3 were instigating assailants that the victim must be killed. Accused no.3 pelted stone on the chest of Harvji Hira and due that he fell down. All the four accused took Parthu Deepa to aside and looted him. In the meantime, one person Galu Havji rushed to the village and told several persons to rescue the complainant and his companions. On seeing the village people, assailants escaped from the place of offence. Village people took the complainant and his companions to Bhitodi Village. As a result of which, the complainant filed a complaint before the Fatehpura Police Station.