JAGDISHBHAI BATUKBHAI PARMAR Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 39 of 2008 by the appellant -original accused No. 1 arises out of judgment and order dated 18 -12 -2007 passed by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 90 of 2007 whereby original accused No. 1 was convicted and sentenced to suffer RI for five years and to pay fine of Rs. 5,000/ -, in default, to suffer further RI for one year for the offence punishable under Sec. 325 of IPC, RI for three years and to pay fine of Rs. 3,000/ -, in default, to suffer further RI for one year for the offence punishable under Sec. 324 of IPC while no separate sentence was imposed for the offence punishable under Sec. 323 of IPC. Criminal Appeal No. 62 of 2008 by original accused Nos. 2, 3 and 4, Criminal Appeal No. 95 of 2008 by original accused No. 1 and Criminal Revision Application No. 68 of 2008 by original complainant arise out of the judgment and order dated 18 -12 -2007 passed by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 89 of 2007 whereby original accused No. 1 was convicted and sentenced to suffer RI for six months and to pay fine of Rs. 200/ -, in default, to suffer further RI for one month for the offence punishable under Sec. 447 of IPC and life imprisonment and to pay fine of Rs. 50,000/ -, in default, to suffer further RI for one year for the offence punishable under Sec. 302 of IPC; accused Nos. 2 and 3 were convicted and sentenced to suffer RI for six months and to pay fine of Rs. 200/ -, in default, to suffer further RI for one month for the offence punishable under Sec. 447 of IPC and RI for three months and to pay fine of Rs. 100/ -, in default, to suffer further RI for 30 days for the offence punishable under Sec. 323 of IPC and accused No. 4 was convicted and sentenced to suffer RI for six months and to pay fine of Rs. 200/ -, in default, to suffer further RI for one month for the offence punishable under Sec. 447 of IPC and RI for six months and to pay fine of Rs. 200/ -, in default, to suffer further RI for one month for the offence punishable under Sec. 327 of IPC.

(2.) As all these appeals and revision arise out of the same incident involving cross cases, with the consent of learned advocates appearing for the respective parties, they were heard together and are being decided by this common judgment.

(3.) Short facts of the case of the prosecution are that a complaint was filed by the complainant -Batukbhai Laljibhai -son of the deceased Laljibhai on 25 -10 -2006 with Vartej Police Station for the offence punishable under Ss. 302, 447, 337 and 114 of IPC and Sec. 135 of Bombay Police Act registered as C.R. No. I -225 of 2006 stating inter alia that he owned agricultural land admeasuring about 7 bighas. Adjacent to his land, divided lands of brothers Nagjibhai Tapubhai admeasuring 6 bighas are situated. In respect of said lands, there was a scuffle between Laljibhai Tapubhai and Nagjibhai Tapubhai ten years prior to the date of incident in which father of the complainant received injuries on the neck and the matter was compromised between the brothers and no complaint was filed then. At about 6 a.m. on 25 -10 -2006, Laljibhai Tapubhai went to his field and at about 8.30 a.m., elder son of the complainant Jagdish also went to the field and at about 9.00 a.m., Jagdish came running and told that Nagjibhai and his sons, Balabhai, Dineshbhai and Panchabhai were assaulting Lalabhai Tapubhai. It was alleged that Nagjibhai hit Lalabhai on stomach with stone due to which, he fell down. As Jagdish intervened, he was also beaten and as he was afraid, he ran towards his house and informed his father. Thereafter, the complainant and one Rameshbhai Chhaganbhai Patel went to the place of incident and saw Lalabhai in unconscious state but he informed that Nagjibhai and his sons had beaten him. Lalbhai was thereafter taken to Sir T. Hospital at Bhavnagar where he died during treatment. A cross complaint was also filed on behalf of the otherside by Nagjibhai with 'A' Division Police Station, Bhavnagar, at Sir T. Hospital, Bhavnagar, for the offence punishable under Ss. 323, 324, 504 of IPC and Sec. 135 of B.P. Act being C.R. No. II -118 of 2006 with Vartej Police Station. In pursuance of aforesaid complaints, investigation started and as there appeared prima facie case against the accused, charge sheets were filed against the accused persons.