REHMATKHAN SUMALJI JAT MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present nine appellants came to be tried by the Sessions Court, Banaskantha at Palanpur for offences punishable under Sections 143, 147, 148, 149, 326, 325, 323, 302, 504 of the Indian Penal Code and Section 135 of the Bombay Police Act, in Sessions Case No.53 of 1994. They all came to be convicted by the trial Court by judgment and order dated 3/4/1999, for the offences punishable under Sections 302, 143, 147, 148, 149 and 326 of the Indian Penal Code, as well as, under Section 135 of the Bombay Police Act. The appellants are awarded life imprisonment for the murder of Rehmatkhan Jasaji Malek and are sentenced to undergo life imprisonment therefor. The appellants came to be convicted for offences punishable under Sections 148 and 149 of the Indian Penal Code and are sentenced to undergo rigorous imprisonment for a period of six months. No separate sentence came to be awarded by the trial Court for offences punishable under Sections 143, 147 and 326 of the Indian Penal Code. The trial Court ordered the appellants to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.100/- each, in default, to undergo simple imprisonment for 10 days for the offences punishable under Section 135 of the Bombay Police Act. 1.1 The trial Court, however, acquitted the accused-persons for the offences punishable under Sections 323, 325 and 504 of the Indian Penal Code with which they were charged.

(2.) The incident occurred on 8th December, 1993 between 1:00 p.m. and 2:00 p.m. in the agricultural field known as Akliwada, owned by the deceased, located in outskirts of village Varahi. On that day, deceased Rehmatkhan Jasaji Malek had gone to the field for agricultural work alongwith his nephews - Aamirkhan and Abbaskhan. While they were working in the field, it is the case of the prosecution that the appellants came with weapons in their hands and noticing this, Aamirkhan fled away from the place to the village. Whereas, Abbaskhan hided himself in a neighbouring field in which cotton was grown. Aamirkhan went to the town and contacted his another maternal uncle- Kesarkhan, who happens to be a brother of the deceased. Aamirkhan told Kesarkhan that the assailants were seen by him approaching with weapons in their hands. Kesarkhan, therefore, rushed to the place of incident alongwith Aamirkhan. As per the prosecution case, on seeing Kesarkhan, the appellants got provoked and became angry and ultimately they collectively assaulted Rehmatkhan Jasaji Malek in an indiscriminate manner with their respective weapons. As a result, Rehmatkhan Jasaji Malek fell to the ground and ultimately, succumbed to the injuries. On seeing this, shouts were raised and Umarkhan came to the spot and on seeing him, the appellants fled away with weapons in their hands. It is the case of the prosecution that in the meantime, Aamirkhan had intervened and sustained three incised wounds. The deceased was immediately shifted for treatment at Varahi, but doctor was not available and then, he was taken to Radhanpur. At Varahi when the doctor was not available and it was decided to take the deceased to Radhanpur, Kesarkhan separated himself from the group and went to the Police Station to lodge the F.I.R. On his lodging F.I.R., offence was registered and investigation started. Upon investigation, the Police having found sufficient material to implicate the appellants, it filed the charge-sheet in the Court of learned J.M.F.C., Radhanpur, who in turn, committed the case to the Court of Sessions and Sessions Case No.53 of 1994 came to be registered.

(3.) We have heard learned Advocate, Mr.Lakhani for the appellants and learned A.P.P., Mr.Prachchak, for the respondent-State. We have examined the record and proceedings in light of contentions raised before us.