HARJIBHAI VITHHALBHAI VARLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 30/01/2001, passed by the learned Additional Sessions Judge, Valsad @ Navsari, in Sessions Case No. 107 of 1994, whereby, the appellants herein - original accused Nos. 2 to 11 came to be convicted for the offences punishable under Sections 332, 325 and 323 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced as under:

(2.) It is pertinent to note that since original accused No. 1 - Divarbhai Ravjibhai Varli had expired, the case against him was abated by the trial Court. It is also reported that, during the pendency of the present appeal, appellant No. 9 herein - original accused No. 10 - Sureshbhai Vasantbhai Rayat has expired on 05/03/2009. A copy of his Death Certificate is made available for perusal. Accordingly, the present appeal is abated qua appellant No. 9 herein - original accused No. 10.

(3.) Filtering the unnecessary details the facts of the prosecution case are that on 09/07/1993, complainant - Ramjibhai Ramlagan Thakur when was going to cultivate his land situated at village: Talwada by a tractor, the appellants herein - original accused (hereinafter referred to as 'the accused for convenience') allegedly restrained him and caused some damage to his tractor. Hence, the complainant and other police personnel on guard (bondobast), had tried to persuade them to which, the people in the mob enticed and attacked the complainant as well as the police personnel with sticks and stones and thereby, attempted to do them to death. Due to the assault, to disperse the attacking mob, the complainant fired five rounds in air from his licensed gun, whereas, the police personnel fired two rounds in the air from their service rifles and hence, the mob enticed further; they snatched away two rifles possessed by the police personnel and also injured Unarmed Police Constables namely Sudam Ganpat, Hansraj Nageshwar and Sahebrao Shankar and prevented them from discharging them duty. Thus, the accused committed the offence alleged against them for which, a complaint came to be lodged for the offences punishable under Sections 307, 332, 325, 342, 323, 395 and 427 of the IPC.