STATE OF GUJARAT Vs. RAGHUBHAI BHIKHABHAI T KOLI

JUDGEMENT

(1.) During the course of hearing of these appeals, it is stated that Lakhubha Halubha Garasiya, original accused no.2 had died during the pendency of the appeal and qua him the appeal shall stand abated.

(2.) All these appeals arise out of judgment and order dated 10.1.2005 rendered by learned Additional Sessions Judge, Fast Track Court, Surendranagar, in Sessions Case Nos.5 and 6 of 1997, whereby original accused nos.2, 8 and 9 were given benefit of doubt and came to be acquitted of the charge of offences punishable under Sections 302, 307, 323, 504, 506 (2), 342 read with Sections 147 to 149 and 34 of the Indian Penal Code (for short, "IPC") and Section 135 of the Bombay Police Act. Original accused nos.1, 3, 4, 5, 6 and 7 were convicted for the offences under Sections 323, 342, 147 to 149 of IPC. However, convicted accused no.7 was a juvenile and, in conflict with law, for further action copy of the judgment and order was sent to the Juvenile Board. On sentence, learned trial Judge relied on peculiar facts and circumstances of the case and relying on some of the decisions of the Apex Court and Section 357 of the Code of Criminal Procedure, 1973 (for short, "the Code") thought it just and appropriate to impose fine and compensation of Rs.7,000/- upon each of the accused to be paid to minor of the deceased and on failure to pay fine by any of the accused would entail one year of simple imprisonment for the offence under Section 323 and 342 of IPC.

(3.) For the procedure, as above, adopted by learned trial Judge, we have our own reservations but before that we would like to advert to the case of the prosecution which has genesis in FIR registered with Muli Police Station being C.R.No.I60/1996, initially for offences under Sections 307, 323, 504, 506 (2), 342 read with Section 147, 148, 149 and 34 of IPC read with Section 135 of the Bombay Police Act and upon death of the injured due to septicemia after three months approximately, Section 302 came to be added for which investigation had taken place resulting into filing of charge sheet and committal of case to the concerned Sessions Court.