STATE OF GUJARAT Vs. KAUSHIKBHAI RAVJIBHAI PATEL

JUDGEMENT

(1.) BOTH these appeals are heard together as Criminal Appeal No.1774 of 2006 is preferred under Section 377 of the Code of Criminal Procedure, 1973 (in short, the 'Code') by the State of Gujarat against the order of sentence passed by the learned Presiding Officer and Fast Track Judge (Fast Track Court No.6), Bharuch on 31.08.2005 in Sessions Case No.112 of 2004 and Criminal Appeal No.1893 of 2005 is preferred by the appellants/convicts/original accused under Section 374 of the Code with a prayer to quash and set aside conviction and sentence so imposed.

(2.) DETAILS about conviction and sentence are as under: -

(3.) THAT , as per the case of the prosecution in brief, on 21.04.2004, around 10:00 a.m., at village Uber, complainantMadhuben was with her husband at her residence and thereafter, her husband Kantibhai, now deceased, was proceeding to offer prayer in 'Radha Krishna' Temple and while Kantibhai was on his way nearby house of Shivabhai Patel, assailants, who had assembled with deadly weapons in their hands, assaulted Kantibhai and accused No.3 -Rajubhai Shivabhai Patel and accused No.1 -Kaushikbhai Ravjibhai Patel had scythe while accused No.2 Bharatbhai Chimanbhai Patel, accused No.4 Viralbhai Rajubhai Patel and accused No.5 Jagdishbhai Somabhai Patel had sticks in their hands and inflicted blow of scythe and sticks. Meanwhile, persons from neighbourhood gathered and injured -Kantibhai was taken to the Community Health Center, Jambusar and was treated primarily but looking to the nature of injuries, the injured was advised to be shifted to SSG Hospital, Vadodara. As per the complainant, cause of incident was that the son of complainant had contracted civil marriage with the daughter of the accused No.3 and she was threatened earlier by the accused persons. The complaint dated 21.04.2004 Exh.26 lodged at 11:30 am. with Vedach police station and recorded by the Police SubInspector, Vedach, Camp at Jambusar Government Hospital i.e. Community Health Center at Jambusar.