RASIKBHAI JELABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 2150 of 2008 under Sec 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction dtd. 27/6/2008 passed by the learned Additional District Judge, Fast Track Court No. 1, Surendranagar in Sessions Case No. 88 of 2007, whereby the appellant - original accused No. 3 has been convicted of the charges leveled against him u/s. 302 and 307of the Indian Penal Code. The accused is ordered to undergo life imprisonment for offence u/s. 302 of Indian Penal Code and fine of Rs.5000.00 in default, to undergo rigorous imprisonment for six months and life imprisonment for offence u/s. 307 of Indian Penal Code and fine of Rs.5000.00 in default, to undergo rigorous imprisonment for six months. The learned Judge directed both the sentences to run concurrently. Criminal Appeal No. 2314 of 2008 is filed by the State against the order of acquittal of original accused Nos. 1, 2 and 4 to 8 recorded under Ss. 147, 148, 149, 302, 307, 323, 324 and 506(2) of the Indian Penal Code.

(2.) It is the case of the prosecution that on 29/9/2007 at about 8:30 hrs. in the night, the accused of village Mulchand has attacked the complainant and other injured witnesses near Talav and with the common intention, they were armed with sticks, axe, wooden log and they were charged with Ss. 147, 148, 149, 302, 307, 323, 324 and 506(2) of the Indian Penal Code. On the same date, place and time, when deceased Bharat was passing through, accused Nos. 1 to 5 keeping in mind the grudge of election of panchayat and work of water shed, quarreled with the deceased and gave foul abuses and thereafter, gave stick blows and axe blows on the body of the deceased and at that time, the complainant and his father and brother have intervened and they also received injuries from the accused. In between the accused Nos. 6 yo 8 armed with sticks came there and started beating the complainant and other witnesses and thus, they have committed the offences under Ss. 302, 307, 323 and 324 of the Indian Penal Code.

(3.) To prove the case against the present appellants, following witnesses and documents are relied upon by the prosecution.