BHALJIBHAI CHHOTIYABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeals, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellants have challenged the common judgment and order of conviction dated 10.02.2011 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Vadodara, in Sessions Case No.47 of 2009. The said case was registered against the appellants original accused for the offences punishable under Sections 143, 147, 148, 149, 302, 304, 323, 324, 325 and 504 and under Section 135 of the Bombay Police Act. By the impugned judgment and order the appellants of Criminal Appeal No.279 of 2011 original accused Nos.4, 12 and 13 are convicted for offence under Section 148 of the Indian Penal Code and sentenced to undergo R.I. for 01 year and for offence under Section 324 of the Indian Penal Code they are sentenced to undergo R.I. for 01 year and for offence under Sections 302, 325, 323, 143, 147, 149 and 504 of Indian Penal Code and under Section 135 of the Bombay Police Act original accused Nos.4, 12 and 13 are acquitted. However accused Nos.4, 12 and 13 are convicted for offence under Section 304 of the Indian Penal Code and sentenced to R.I. for 10 years. By the impugned judgment and order the appellants of Criminal Appeal No.280 of 2011 original accused Nos.1 and 2 are convicted for offence under Section 148 of the Indian Penal Code and sentenced to undergo R.I. for 01 year and for offence under Section 304 of the Indian Penal Code they are sentenced to undergo R.I. for 10 year and for offence under Sections 302, 325, 323, 143, 147, 149 and 504 of Indian Penal Code and under Section 135 of the Bombay Police Act original accused Nos.1 and 2 accused Nos.4, 12 and 13 are acquitted. Both the sentences are ordered to run separately.

(2.) According to the prosecution case, the son of the complainant viz. Bipinbhai was in love with Manisha daughter of Chhotiyabhai and got married and Manisha was residing at the house of the complainant. To resolve the dispute the complainant and his son Bipinbhai went to Dhadhoda Village where Bhaljibhai resides. On 14.6.2009, Bhaljibhai telephoned the complainant and informed him that they would come at the house of the complainant. The complainant alongwith Kadubhai Ruplabhai, Kalsinhbhai Dhediyabhai and Sumanbhai Rathwa were present and at that time Bhaljibhai, Gohedabhai Rathwa, Bachubhai Motibhai Rathwa, Rajubhai Motiyabhai Rathwa, Nareshbhai Narsingbhai Rathwa, Rajubhai Jeklabhai Rathwa, Parsing Motiyabhai Rathwa and other persons all armed with weapons came there. Bachubhai was armed with spade (Pavda), Nareshbhai was armed with axe and other persons were armed with sticks and paliyas. Bachubhai came to the house of the complainant and started giving abuses and all the persons attacked, wherein Bachubhai Motiyabhai inflicted spade blow on head of Kadubhai Ruplabhai and other persons also beat him. Alpeshbhai Viththalbhai Rathwa also got injuries. Kadubhai Dhediyabhai got injury on head and Palsingbhai got injury near left ear. Viththalbhai Vestabhai and Arvindbhai were given kick and fist blows. On shouting all the accused persons fled away. The injured Viththalbhai Vestabhai was taken to SSG Hospital Vadodara.

(3.) The P.S.I. Shri R.C.Pargi was present at ChhotaUdepur, Police Station on 14.6.2009 as second P.S.I. The complainant disclosed his complaint before him and complaint was taken by him and offence was registered by P.S.O. ChhotaUdepur being CR No.I81 of 2009 for the offence punishable under Section 326 etc., of IPC and on 24.6.2009 injured persons were admitted in Health Center of ChhotaUdepur where doctor informed P.S.I. ChhotaUdepur to record dying declaration. Therefore yadi was prepared and statements of witnesses were recorded. Panchnama of place of offence was drawn and muddamal sand was recovered. Thereafter 08 accused persons were produced before him and physical panchnama of accused persons was drawn and muddamal clothes and weapon spade (Pavda) were produced and other muddamal weapon were produced by accused persons. Muddamal was recovered under the panchnama and other accused persons appeared before the Investigating Officer and panchnama was drawn. Injured person Kadu Rupla was hospitalized in S.S.G.Hospital, Vadodara, where he expired on 19.6.2009 at about 6:30 and, therefore, report was made to the learned Magistrate Court to add Section 302 of the Indian Penal Code. Inquest Panchnama was drawn, dead body was referred to the doctor for postmortem. Statements of witnesses were recorded, clothes of the injured persons were recovered under the panchnama and map of place of offence was drawn. The accused persons were arrested and entry was made in the station diary.