MANSUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Aamirkhan S. Pathan, learned advocate for the applicant and Ms. J.D. Jhaveri, learned APP for respondent No. 1 - State and perused the record.

(2.) PETITIONER is original accused facing the charges under Sections 302, 307, 324, 143, 147, 148, 149 and 34 of I.P.C. with Section 135 of G.P. Act pursuant to FIR being Ist C.R. No. 158 of 2013 dated 25.11.2013.

(3.) IF we peruse the factual details, complaint was filed by one Suryakant @ Suresh Keshubhai @ Keshavlal Patel Bhalani resident of Gondal on 25.11.2013 that on the very same day, all the accused whose names are disclosed in the FIR had came to his father on their Wadi and one Bhavesh as well as one fatty man with specks had given a blow with knife on the abdomen of his father, whereby, his father fell down and in between two people have caught his father and three of them have given blow on upper part of the chest of his uncle and when Shantibhai, brother of the complainant, had tried to rescue them, he was also got injured by the blow of knife on his right leg. It is further stated that thereupon he had shouted and, thereby other people from surroundings had gathered there and thereby, the people who were assaulting them had run away in their jeep from the place of incident. It is further stated in the FIR that because of such injuries, father and uncle of the complainant had died on the spot, whereas, his elder brother was shifted to Gondal and then to Rajkot for treatment since his injuries were serious. Therefore, FIR was lodged against Mitesh, Bhavesh, Soni and 3 -4 other persons. So far as cause of quarrel is concerned, it is stated that his uncle has sold some land to Soni for which litigations are going on in the Court and, therefore, there was disturbance amongst them. Pending investigation the police has, by letter dated 27.11.2013 added Section 212 and by letter dated 3.12.2013 added Section 201.