JELUSINH GALABJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed against the judgment and order of conviction and sentence dated 13th August, 1997 passed by the learned Additional Sessions Judge, Banaskantha, District Palanpur, in Sessions Case no. 55 of 1995. By the said judgment, the accused nos. 1, 2, 3 and 7 are awarded life sentence for the offence punishable under Section 302 read with Section 149, 1PC and also imposed fine of Rs.100/-, in default, one year's rigorous imprisonment, the accused nos. 1 to 7 are awarded life imprisonment for the offences punishable under Section 307 read with Section 149. They are also awarded two years simple imprisonment for the offence punishable under Section 323 read with Section 149, all the accused were awarded two months rigorous imprisonment for the offences punishable under Section 147 read with Section 149, IPO all the accused were awarded one year's rigorous imprisonment for the offence punishable under Section 148 read with Section 149, all the accused were awarded four months rigorous imprisonment and also imposed fine of Rs. 100, in default, one years rigorous imprisonment for the offences punishable under Section 135 of the Bombay Police Act, all the accused were acquitted for the offence punishable under Sections 324, 325, 504 read with Section 149 of I.P.C. It is also ordered by the learned Additional Sessions Judge that all the sentences shall run concurrently and also gave set off under Section 428 of the Criminal Procedure Code.

(2.) Brief facts of the prosecution case are as under: 2.1 The complainant Ranchodbhai Navaji and accused persons were residing at village Dhanpura, Taluka Deesa, District Banaskantha. On 16-11-1994, the accused no. 4 slaughtered a goat for sale of mutton. Witness Moksingh son of deceased Hathesing went to purchase mutton from the accused no. 4, but the accused no. 4 refused to sell the mutton to him and for that reason an altercation took place between them. On 18-11-1994 one Gajraben wife of Thakore Agarsing Nathusing died. The complainant and his brother deceased Hathesingh Navaji went to the crematory to attend the funeral ceremony of Gajraben. The accused Jetuji Galabji, Ladhsingh Galabji and Tejsingh Gamansingh also came there to attend the funeral ceremony. While returning from the crematory these three accused met the complainant Ranchodbhai Navaji and at that time complainant told them not to create any quarrel in connection with the incident of refusal to offer mutton on sale. Thereafter, these three accused went to their home and the complainant and his brother Hathesingh proceeded towards their house. At that time, Hathesingh was walking very fast and hence he was ahead of the complainant. When Hathesingh reached near the shop of Babar Nagji, complainant heard shouts, and he immediately rushed to the spot where he found the accused standing with deadly weapons like sword, dharia, sickle and sticks. The accused were abusing deceased Hathesingh and Madarsingh Navaji. Hathesingh asked them not to abuse them but the accused got enraged and the accused Magansingh Galabji inflicted two blows of dharia on the head of deceased Hathesingh, the accused Dhuksingh Magansingh inflicted two blows of sword on the head of Madarsingh Navaji who intervened to rescue Hathesingh. As a result of the scuffle that took place son of complainant, namely, Hirsingh wife of complainant Jababen, daughter of complainant Santubai, nephew of complainant Mobatsingh and son of complainant Ratansing rushed there and tried to save Hathesing and Madarsingh. At that time, the accused Maganji Galabji inflicted dharia blow on the head of Hirsingh and the accused Ladhsingh Maganji gave stick blow on the neck of Hirsingh, the accused Ladhsingh also gave stick blow on the leg of Taraben and also on the left hand wrist of Jababen, the accused Maganji Galabji inflicted dharia blow on the right hand of Jababen, the accused Prabhatsingh inflicted dharia blow on the left hand wrist of Mobatsing Hathesing, the accused Jetsing Galabji inflicted a sickle blow on the head of Santuba, the accused Tejsingh Gamansingh gave stick blow on left hand of Ranjusingh, the accused Harpalsingh Tejsingh gave stick blow on the back side of the body of Mobatsingh. On hearing the shouts on account of scuffle that took place other persons came there for help. All the injured persons were shifted to the Civil Hospital, Deesa. Complainant lodged complaint before PSO, Deesa Rural Police Station and crime was registered vide Deesa Rural Police Station CR.No.279 of 1994 for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 325, 504 and Section 135 of the Bombay Police Act. During the treatment, injured Hathesingh succumbed to his injuries and hence Section 302 of IPC was also incorporated. Thereafter, during investigation, the investigating officer recorded the statement of witnesses, drew Panchnama of scene of offence, arrest Panchnama, discovery Panchnama, inquest Panchnama etc. In the meanwhile the accused were arrested. Investigating Officer also sent the Muddamal to the Forensic Science Laboratory for analysis and during the course of investigation charge-sheet was submitted on 14th February, 1995 before Judicial Magistrate, First Class, Deesa for the above mentioned offences and the same was registered as Criminal Case no. 526 if 1999. The learned J.M.F.C. committed the case to the Court of Sessions by his order dated 27-3-1995. As the offences punishable under Sections 302 and 307 were exclusively triable by the Court of Sessions, the case was made out for trial before the learned Additional Sessions Judge for trial where it was numbered as Sessions Case no. 55 of 1995. It is also pertinent to note that on the same day i.e. 18th November, 1994 the accused Maganji Galabji also lodged complaint in respect of the same incident before PSO, Deesa Rural Police Station and on the basis of the said complaint crime was registered vide Deesa Rural Police Station CR. no. 280 of 1994 and charge-sheet came to be filed before the learned J.M.F.C, Deesa. This being a criminal case arising from the same incident, the learned J.M.F.C., Deesa, passed commital order whereby he commited the said case to the Sessions Court which was registered as Sessions Case no. 111 of 1995. Both these Sessions cases were tried by the learned Additional Sessions Judge, Palanpur. Charge was framed vide Exh. 3 for the offences punishable under Sections 147, 148, 504, 307, 302, 323, 324, 325 read with Section 149 , IPC and Section 135 of the Bombay Police Act. The accused pleaded not guilty to the charge and claimed to be tried. In order to prove its case against the accused, the prosecution had examined in all 18 witness, namely, Ranchodji Navaji (complainant) Exh.40, Rangatsingh Ranchodji (injured ) Exh.56. Hirsingh Ranchodji(injured) Exh. 59, Mohabatsingh Hathesingh (injured) Exh. 61, Taraben Hathesingh(injured) Exh.67, Santuba Ranchodji(injured) Exh. 68, Jababen Ranchodji(injured) Exh. 69, Nagjibhai Kodabhai Exh. 29, Karsanbhai Exh. 42, Mavjibhai Kalidas Exh. 48, Mafabhai Ajbabhai Exh. 52, Pratap Dharmaji Exh. 86, Bhijolji Chhatraji Exh. 97, Vinayakrav Vasudev Ravpatil Exh.27, Dhirajbhai Devabhai Jagania Exh. 30 Jeetendra Ratilal Modi Exh. 64, Jethabhai Nanjibhai Exh. 71, and Bhopalsingh Kesharsingh Exh. 74. The prosecution has also produced documentary evidence like complaint Exh. 75, Inquest Panchnama Exh. 14, Seizure Panchnama of the house of the accused vide Exh. 15, 16 and 17, Panchnama of recovery of clothes worn by deceased Hathesingh and injured Madarsing Navaji at the time of incident Exh. 18, Panchnama of recovery of clothes worn by injured Thakore Madaji Navaji Exh. 19, complaint lodged by Magansingh Galabji the accused no. 2 against the complainant and other witnesses at Exh.20,injury certificate of one Hiraben Magansingh Exh. 25, injury certificates of accused, namely, Dhukaji Maganji Exh. 21, Maganji Galabji Exh. 22, Tejsingh Gamansingh Exh. 23, Jetubhai Galabji Exh. 24 and Harpalsingh Tejsingh Exh. 26, postmortem note of deceased Hathesingh, injury certificates of deceased. Hathesingh Navaji and other injured persons Exhs. 31 to .38, discovery Panchnama of weapon from Maganji Galabji Exh. 43, discovery Panchnama of weapons from the other accused nos. 1 to 4 Exh. 49, injury certificate of Madarji Navaji Exh. 65, death certificate of Hathisingh Navaji Exh.72, Yadi to PSO Exh. 75, complaint lodged by Ranchodbhai Exh.75, Panchnama of scene of offence Exh. 77, forwarding letter with reports of FSL and Serologist Exhs. 85 and 86, map of scene of offence Exh. 88, Notification under Section 37(1) of the Bombay Police Act.

(3.) After the recording of evidence of prosecution witnesses was over further statement of the accused under Section 313 of the Criminal Procedure Code came to be recorded wherein the accused had denied their involvement in the incident and all the accused had submitted written submissions at Exh. 99. According to them, the complainant and injured witnesses attacked Dhuksingh with sticks and when Dhukhsingh and his wife shouted for help, other accused came there to rescue Dhukhsingh and they also attacked and in this incident accused had also received injuries.