MEHUL BUDHIYABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed by the present appellants- accused against the judgment and order dtd. 16/7/2014, passed by the learned 5th Additional Sessions Judge, Surat, in Sessions Case No. 190 of 2010, whereby, the appellants-accused were convicted for the offences punishable under Sec. 302,143,147,148,149 and 188 of the indian penal code (for short the IPC) and were ordered to undergo the sentences as mentioned in the table shown below:

(2.) Criminal Appeal No. 1491 of 2014, has been preferred by original accused No.4, in Sessions Case No. 190 of 2010, whereas, Criminal Appeal No. 1369 of 2015, has been preferred by original accused No.1, in Sessions Case No. 190 of 2010. Therefore, we have heard these appeals qua original accused Nos 1 and 4 only, in Sessions Case No. 190 of 2010.

(3.) The case of the prosecution is that prior to two days of Uttarayan the original accused No.1 along with his friend, went to the complainants Vadaapanv stall/lorry and asked for Vadaapanv for free, to which the complainant denied. This resulted into an altercation between the owner i.e. the complainant and the accused No.1. Keeping the said animosity in mind, the accused formed an unlawful assembly with other accused persons, and armed themselves with different kinds of weapons and went to the place of offence on 24/2/2010, at about 07:30 hrs in the evening, with the common intention to kill the complainant as well as the witness Jalamsingh. The complainant as well as his father i.e. the witness of the present case on hand, were both present at the Vadaapanv lorry. During the given time, accused No.1 Sandip alias Fakira, hit the complainant and the witness with the sword on head, while accused No.2, Vijay alias Zamrukh, hit the complainant on right hand with the base- ball bat and also caused injury to the witness on head. Accused No.3, Ramchandra hit the complainant with cricket bat on right side of the rib-cage and also hit the witness on different parts of the body with the cricket bat. Accused No.4, Mehul Budhiyabhai Rathod and Sunil gave fist blows and kick blows to the complainant and the witness. Not only this, but also the accused No.4, i.e. Mehul Budhiyabhai Rathod, poured the boiled oil on the complainant as well as the witness on different parts of the body, which caused severe burn injuries. The complainant was badly burnt on the chest, back, both hands, legs and face, which ultimately resulted into his death. Therefore, the accused were charged for the offences punishable under Ss. 302,307,323,143,147,148,149 and 188 of the IPC.