MAHESH WALABHAI JALLU Vs. STATE OF GUJRAT

JUDGEMENT

(1.) Both these criminal appeals arise out of judgement and order dated 29.01.2013 passed by the 5th Additional Sessions Judge, Junagadh. By the aforesaid judgement and order passed in Sessions Case No. 57 of 2009, the learned Sessions Judge has convicted all the accused for life imprisonment for offence under section 302 read with sections 143, 147, 148, 149, 504 of the IPC and section 135 of the Bombay Police Act. The case of the prosecution as is evident from the reading of the first information report at Exh 137 is as under:

(2.) On 14.05.2009, when the complainant Bharatbhai Jinabhai Chhaiya was on his way to Manavadar from village Bhindora, at around 11:30 in the morning, he saw Ahir Punjabhai being attacked by six people namely Haresh @ Haja Mandan Chhaiya with a spear, Parbat @ Bava Mandan Chhaiya with an axe, Jagmal Mandan with a gupti, Lala Jagmal with a iron pipe, Govind @ Ganda Vasan Chhaiya with a spear and Raimal Karsan Chhaiya with an iron pipe. According to the version in the complaint, Aahir Punja's son Jagmal Chhaiya ran towards the complainant. Bharatbhai and Bhupatbhai tried to intervene and rescue Punjabhai. Several people had gathered at the scene. Punjabhai had suffered injuries as a result of being hit by pipes, spear and axe and was bleeding. The six accused named in the first information report left the scene with their weapons. The complainant Bhupatbhai and Jagmal Chhaiya carried Punjabhai to his vadi where they informed Punjabhai's wife Dhanbaiben and Heena, daughter of Punjabhai about the incident. Punjabhai was shifted to the Jungagadh Civil Hospital where he succumbed to the injuries sustained. According to the complainant, he was an eyewitness to this incident and the motive behind this was an election dispute. According to the complainant Punjabhai's wife Dhanbai ben had defeated Haresh Chhaiya's wife Jigyasaben in the election to the Gram Panchayat.

(3.) The Sessions Court framed a charge at Exh 13 implicating all the accused for offences under sections 143, 147, 148, 149, 504 and 302 of IPC and section 135 of the Bombay Police Act.