JOTIBHAI KALUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment and order dated 12.4.2012 passed by learned Sessions Judge, Dahod, in Sessions Case No. 129 of 2012.

(2.) THE said sessions case was registered against two accused persons. The accused No. 2 was charged with offence punishable under Sections 307 and 114 of Indian Penal Code whereas the accused No. 1 was charged with offence punishable under Sections 307 and 504 of Indian Penal Code and under Section 25(1)(a)(b) of the Arms Act.

(3.) ACCORDING to the FIR, which was registered on 26.3.2010 and according to the case of prosecution, one Mr. K.C. Baria had dashed his motorcycle with one Mr. R.K. Hathila, father of the complainant, and on account of the said injury which complainant's father sustained, he succumbed to the injury and died, for which an FIR was lodged. The complainant, in his complaint filed on 26.3.2010, alleged that his family tried for amicable settlement with said Mr. Baria and had also requested sarpanch of village Simalia to intervene and act as a mediator, but any reply or response was not received from said Mr. Baria. According to the case of prosecution, on 26.3.2010 when the complainant alongwith his cousin Mr. V.D. Hathila and his brother Mr. Rajendra and one Mr. Ajitkumar was standing near house of his uncle, Mr. Jyotibhai K. Parmar (i.e. appellant) of village Bhiloi came on his motorcycle at about 8:00 p.m. and asked the complainant as to why he was deputing persons asking for money for settling the matter of the accident suffered by his father. According to the complainant, said Mr. Jyotibhai Parmar i.e. the appellant - accused started abusing the complainant and took out a fire arm (pistol) and fired gunshot. On account of the gunshot, the complainant was hit on the left side of his chest, left hand and left thigh. The pellets also hit Mr. Ajitkumar (who was standing with the complainant) on his hip and right hand and his cousin Mr. V.D. Hathila was also hit by the pellets. According to the prosecution's case, brother of the complainant i.e. Mr. Rajendra who was also with them tried to catch the accused/appellant, but he fled on his motorcycle towards Garbada cross road. The prosecution's further case is that ambulance was called and three injured persons were removed to hospital where they were treated. The said FIR was registered as I Cr. No. 44 of 2010 at Garbada police station.