VINUBHA BALVANTSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1122 of 1992 is directed against the judgment and order of conviction rendered by the learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 84 of 1991 on 25th September, 1992 convicting the appellants, i.e., appellant No. 1 for the offence under Section 302 of IPC and sentenced him to undergo RI for life, appellant No. 2 for the offence under Section 326 of IPC and sentenced him to undergo RI for 6 years and fine of Rs. 2000/-, in default, SI for 6 months, appellant Nos.3 and 4 for the offence under Section 325 of IPC and sentenced them to undergo RI for 4 years and fine of Rs. 1000/- each and in default, SI for 4 months. The appellant Nos. 1 to 4 are also convicted for the offence under Section 135 of B.P. Act and sentenced them to undergo RI for 6 months and fine of Rs. 5000/- each, in default, RI for 2 months and all substantive sentences were ordered to run concurrently.

(2.) Criminal Appeal No. 1287 of 1992 filed by the State is directed against the judgment and order of acquittal rendered by the learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 84 of 1991 on 25th September, 1992 against original accused Nos.2, 3 and 4 for the offence under Section 302 of IPC read with Sections 149 and 34 of IPC. No appeal is filed by the State against the original accused not.5 i.e. Lamxansinh Gandaji.

(3.) The case of the prosecution in brief is that a complaint came to be filed by Kanuji Laxmanji before Detroj Police Station on 11.11.1990 to the effect that he is residing near Railway crossing in Rampura village of Viramgam Taluka with his family. Prior to three years of the complaint, his father deceased Laxmanji was prevented from entering the village Rampura by order of the Court and used to come to meet his family members. Prior to the day of the incident, his father came and stayed there. At about 4.00 O'clock in the evening, when his father, mother Kanuben and his sister Jijiben were sitting near hutment, four persons came from village Bhankoda side and two persons came from village Rampura. One of the persons coming from Rampura was Jenaji Gandaji who was armed with Dhariya and the complainant could not identify the other person, but he was armed with stick. Out of the persons coming from Bhankoda, accused No. 1 Vinuji Balwantsinh was armed with Dhariya, accused No. 2 Jenaji Chhatrasinh was armed with Dhariya, accused No. 3 Bhikhuji Keshrisinh was armed with stick and the fourth person was unidentified who was armed with stick. On seeing them, his father got frightened and started running. It is stated that the accused have cordoned the father of the complainant and started beating him and he succumbed to the injuries. After sometime, Thakor Galabji Bhalaji of village Kanz advised the complainant to give the complaint and accordingly, the complainant gave the compliant before Detroj Police Station on 11.11.1990 and Police Sub Inspector Juvansinh Galabsinh who was on duty registered the complaint being CR No. 89 of 1990 for the offence punishable under Sections 302, 147, 148, 149 of IPC and Section 135 of B.P. Act.