ANVARKHAN USKANKHAN CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal filed by the appellants - accused, is directed against the judgment and order dated 09.07.1998, passed by the learned Additional Sessions Judge, Banaskantha - Palanpur (herein after referred to as 'the trial court') in Sessions Case No. 89 of 1991, whereby the appellants - accused Nos. 1 and 5 were convicted for the offences under Sections 307, 147, 148 and 149 of Indian Penal Code and the appellants - accused No. 2, 3, 4 and 6 were convicted for the offences under Sections 307, 147 and 148 read with 149 of Indian Penal Code. The accused Nos. 1 and 5 were directed to undergo rigorous imprisonment for the period of 5 years, and to pay fine of Rs. 2,000/-, in default thereof, to undergo simple imprisonment for two months for the offence under Section 307 of Indian Penal Code, and further directed to undergo rigorous imprisonment for the period of 2 years, and to pay fine of Rs. 1,000/-, in default thereof, to undergo simple imprisonment for 1 month for the offence under Sections 147, 148, 149 of Indian Penal Code. The accused Nos. 2, 3, 4 and 6 were directed to undergo rigorous imprisonment for the period of 2 years, and to pay fine of Rs. 2,000/-, in default thereof, to undergo simple imprisonment for two months for the offence under Sections 307, 147 and 148 read with 149 of Indian Penal Code.

(2.) At the outset, it may be stated that out of the present appellants - accused, the appellants Nos. 1, 3, 5 and 6 have already expired, and the appeal had stood abated qua the said appellants as per the order dated 25.02016. Hence, the present appeal survives qua the appellants Nos. 2 and 4 only.

(3.) The case of prosecution in nutshell was that on 05.04.1991, at about 9.30 p.m., the complainant Habibkhan Hasubhai, the injured Bachubhai and one Janmohammad were returning from the Mosque after performing the Namaj. When they were passing on the road near the shop of Sherumiya Radiyowala, all the accused came in a jeep from backside, and started quarrelling with Bachubhai. At that time, the accused No. 1 had spade, accused No. 2 had wooden stick, accused No. 3 had pipe, accused No. 4 had iron rod, accused No. 5 had an axe and accused No. 6 had wooden stick with them. Thereafter, the accused No. 1 Anvarkhan Usmankhan Chauhan gave a spade blow on the head of said Bachubhai, accused No. 5 Akbarkhan Usmankhan Sipai injured Bachubhai with axe, and other accused had beaten the said Bachubhai randomly with their respective weapons. The said accused thereafter, had run away in their jeep. It is further the case of prosecution that thereafter Bachubhai was taken to the hospital at Tharad, and the complaint was lodged by Habibkhan in respect of the said incident. The complaint was registered at the Tharad Police Station. The Investigating Officer had laid the chargesheet in the Court of Judicial Magistrate First Class at Tharad, who had committed the case to the trial court for trial. The trial court after framing the charge against all the accused at Exh. 3, and after appreciating the oral as well as documentary evidences adduced by the prosecution, convicted and sentenced all the accused as stated herein above.