STATE OF GUJARAT Vs. MUKESH @ RINKU HUKAMSINH CHAUHAN

JUDGEMENT

(1.) THE above said all the three criminal appeals are arising from the common judgment and order delivered by learned Additional Sessions Judge, Court No.5, City of Ahmedabad, on 2nd of August, 2004, in Sessions Case No. 246 of 2003, 247 of 2003 and 23 of 2004. All the four accused in said three Sessions Cases were charged with the offences punishable under Sections 143, 147, 148 to read with Section 302 and 149 as well under Section 294 to read with Section 149 and under Section 307 to read with Section 149 of the Indian Penal Code. They were also charged for the offence punishable under Section 25(1)(b)(a) to read with Section 27 of the Indian Arms Act as well as for the offence punishable under Section 135 (1) of the Bombay Police Act. Vide above said judgment and order, in all, four accused of said three Sessions Cases came to be acquitted of all the charges levelled against each of the accused by the Trial Judge in each of the three Sessions Cases and, hence, these three Appeals by the State, in each separate Sessions Cases under Section 378 of the Code of Criminal Procedure.

(2.) ALL the three Sessions Cases mentioned above have arisen from the same Crime Register No. I -81/2002, registered before Amraiwadi Police Station. All the four accused of above said three cases applied before the Trial Court to have a common trial and, therefore, all the three Sessions Cases were tried together by the Trial Court.

(3.) ACCORDING to the prosecution case, Rajeshkumar Rambahadursinh Rajput, resident of Ambalal Chali, Jagadish Nagar, Amraiwadi, Ahmedabad, was doing business of electrical goods. He was with Nagendrasingh Naransing Chauhan at his residence situated in Babulal Chali on 16th of February 2002. At about 8.00 to 8.30 p.m. accused Mukesh @ Rinku Chauhan of Ajay Tenement and accused Jayjitsinh Lahersinh as well as accused Rohit @ Fauji Surajbhai Chauhan, residents of Ramol, Janatanagar, came to him and inquired about the dispute taken place between them and one Anand Marwadi, a week before. They were excited and started beating and abusing complainant Rajeshkumar and Nagendrasingh. At that time, these three accused threatened complainant and then they went away. Thereafter, one Manoj @ Taklu Tribhovansing Rajput came to complainant Rajeshkumar, to whom complainant narrated the earlier incident. Manoj suggested to go to KC Tea Stall at Hatkeshwar Circle for taking tea and, therefore, complainant Rajeshkumar, Manoj and Nagendrasingh went to Hatkeshwar Circle on motor cycle of Manoj. After giving orders for tea, they were standing near the tea stall in open space and were talking amongst themselves. At that time, at about 8.45 p.m. one Maruti Fronty Car, bearing No. 8200 came and five persons i.e. accused Mukesh @ Rinku Hukamsinh Chauhan, accused Jayjit Sinh @ Jaydip Lahership Chauhan, accused Ghansyam Banvarilal Prajapati and accused Rohit @ Fauji Surajbhai Chuahan and one Bablu @ Kanchido Gupta (not accused in any of the three cases), got down from the said maruti car and reached to these three friends standing near tea stall. They threatened complainant and his friends that why they three persons were siding Anand Marwadi. Complainant Rajeshkumar said that the accused had beaten Anand Marwadi on false pretext. The accused thereafter were excited and started giving abuses. Accused Mukesh @ Rinku and accused Jayit Sinh took out country revolvers from their pockets. Accused Rohit @ Fauji also took out revolver while accused Ghansyam and other person Bablu, both had pen knives in their hands. Accused Jayjit Sinh fired one shot near the temple of Manoj @ Taklu. Bablu and accused Ghansyam had inflicted blows of pen knives on Nagendrasinh frequently. Complainant Rajeshkumar intervened, and on his intervention, accused Mukesh @ Rinku and accused Rohit @ Fauji fired rounds from their country made revolvers. Those rounds were struck to complainant Rajeshkumar , one on lips on right side and one below chin. Accused also fired other rounds of revolver thereafter. There was commotion and shouting and crowd was gathered and, therefore, all these five persons ran away from the said place. Manoj @ Taklu was seriously injured and was bleeding. While complainant Rajeshkumar as well as Nagendra were also injured. The persons gathered there, took all these three persons to L.G. Hospital in rickshaw. Rajeshkumar was admitted in Plastic Surgery Ward while Nagendra was admitted to Trauma Ward. On reaching at L.G. Hospital, Manoj @ Taklu was declared dead by Doctor. The complaint of this incident was given by Rajeshkumar to Police Inspector Mr. P.J. Trivedi of Amraiwadi Police Station at the Hospital and the said complaint was sent to Amraiwadi Police Station, where PSO recorded the complaint and registered the offence. The investigation thereafter was handed over to Police Inspector, P.J. Trivedi, who after investigation, submitted first charge sheet in the court below against accused Ghansyam Banvarilal Prajapati and accused Rohit @ Fauji Surajbhai Chauhan, and that case was committed and was numbered as Sessions Case No. 246 of 2003, in which the remaining accused were shown as absconding. Thereafter, accused Jayjit Singh @ Jaydip Lahersinh Chauhan was arrested on 21st of March, 2003 and supplementary charge sheet was submitted against him in the Court of Magistrate and case being committed, the said case was registered as Sessions Case No. 247 of 2003. On 25th of October, 2003, accused Mukesh @ Rinku Hukamsinh Chauhan was arrested and a charge sheet was submitted against him and case was committed which was registered as Sessions Case No. 23 of 2004. Thus, all these three Sessions Cases were arising from the same crime registered and were heard and tried together.