RASHIKBHAI GOPALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present set of appeals arises out of a judgment and order rendered by the Sessions Court. Ahmedabad (Rural), Ahmedabad, on 19th August, 1998, in Sessions case No.22 of 1996.

(2.) Original accused No. 1-Rasikbhai Gopalbhai Patel is represented by learned Advocate, Mr. J. M. Panchal, whereas original accused No.4-Kishor alias Tijoni Kunjbihari Sharma is represented by learned Advocate, Mr. Haresh Joshi, appearing for M/s Thakkar Associates.

(3.) The prosecution case, as emerging from the record, is that the incident in question occurred on 8th September, 1995 around 21.30 hours, near Saraswati Society, located in Chandkheda area of Ahmedabad. It is the case of the prosecution that the four accused arraigned before the Trial Court along with an unidentified person formed an unlawful assembly with a common object to cause murder of deceased-Piyush Kantilal Makwana and also to murder Ashok Kantilal Makwana and, in furtherance of their common object, they committed assault while being armed with deadly weapon. It is the case of the prosecution that in furtherance of the common object, they picked up a quarrel with injured witness-Ashok Kantilal on the ground of his having gone to a particular Hair Dresser's shop for a hair cut. While this altercation was in progress, Ashok's brother, Piyush. intervened and there was, initially, a scuffle and then the attacl wherein it is alleged that both the appellants while being armed with knives committed assault on Piyush Kantilal as well as Ashok Kantilal. The injuries caused on Piyush Kantilal were of serious nature which, ultimately, resulted into his death. The injuries caused on Ashok Kantilal were also of serious nature, which would have endangered his life but for timely treatment. It was alleged that these acts were committed by the assailants with knowledge that the victims belonged to Scheduled Caste/Scheduled Tribe. The Trial Court accepted the prosecution evidence against original accused No.1-Rasikbhai Gopalbhai Patel and original accused No.4-Kishor alias Tijori Kunjbihari Sharma and convicted them, as stated above.