THAKORE RAJJUJI AMTHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present appeal, the appellants original accused have challenged a judgement and order dated 29.3.1996, rendered by learned Additional Sessions Judge, Mehsana, in Sessions Case No.121/1995. The appellants were convicted under Section 304 Part-II of Indian Penal Code read with Section 114 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of four years and also pay a fine of Rs. 2000/-. They were also convicted under Sections 323, 506(2) read with Section 114 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 15 days. Sentences were to run concurrently.

(2.) Emerging from Charge(exh.20) framed by learned Sessions Judge, prosecution case was that on 19.3.1995, at about 5 O' Clock in the evening when the complainant was at his residence, the accused Nos.1 and 2 carrying "Dhariya" and accused Nos. 3 and 4 carrying Sticks went there and asked the nephew of complainant Balvantsingh to compromise a case lodged by him. When Balvantji declined, accused No.2 gave a "Dhariya" blow to Balvantji on the left side of his neck. Accused Nos. 3 and 4 gave Stick blows to Balvantji who on account of injuries, while under treatment, expired. As Dalsangji intervened, accused No.1 gave a "Dhariya" blow to him on his right elbow. The accused were therefore, charged with commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code.

(3.) Complainant Thakore Amratji Madhaji-PW3 was examined at exh.37. He stated that on the date of incident, at about 5 O' Clock, he was sitting at his house. At that time, accused Nos. 1 and 2 came with "Dhariya" and accused Nos. 3 and 4 came with Sticks. His nephew Balvantji was sitting in front of the house. Accused No.2 told him that his brother has filed a complaint which should be compromised. Balvantji however, declined. Accused No.2 Bhikhaji therefore, gave a "Dhariya" blow to him on the left side of his neck. Accused Nos. 3 and 4 i.e. Ishwarji Galabji and Jesangji Hiraji hit Balvantji on the stomach with their Sticks. As Dalsangji intervened, accused No.1 gave a "Dhariya" blow to him on his right elbow. At that time Mangaji and Parbatji arrived. They intervened. The accused while leaving were saying that the case must be compromised or else they will kill them. Since they could not find any vehicle, injured person was bodily carried to Dharoi colony from where they brought him to Kheralu Government Hospital. The complainant thereafter, went to Satlasana police station for lodging the complaint. Champuji had earlier filed complaint against brother of the accused. Champuji happens to be younger brother of Balvantji. The complaint was filed four months before the incident. Since the accused also belonged to the same village, the complainant new them before hand.