JETHABHAI ARJANBHAI KODIYATAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal Is Filed By The Original Accused Who have been under the impugned judgment dated 31.07.2013, passed by the learned Additional Sessions Judge, Veraval, convicted for the offences punishable under sections 143, 147, 148, 149, 504 and section 302 of Indian Penal Code. They have been sentenced to life imprisonment. Lesser sentences and fines have also been imposed. Briefly stated, the prosecution version was that deceased Amrutlal Kurjibhai Bhalodiya was the Sarpanch of village:Kadaya. The original accused, who belong to the same family, had previous animosity with the deceased. About five years before the date of the incident, deceased Amrutlal had a fight with Jethabhai Arjanbhai-accused no.1 about grazing of cattle, for which, criminal case was also filed. Keeping grudge about such incident, on the date of incident i.e. on 20.08.2007, at about 5'O clock in the evening when Amrutlal was supervising the construction work on government land, the accused persons arrived there and assaulted him with axes and sticks, causing his death. Case of the prosecution also is that the accused wanted to cultivate such government land and Amrutlal as a Sarpanch of the village, was having some construction put up there which was also the immediate cause for the assault. A charge to this effect was framed to Exh.5. The learned Additional Sessions Judge having convicted the accused, they have filed this appeal.

(2.) We May Record The Gist Of Evidence.

(3.) Mavjibhai Kurjibhai, Pw-8, Exh.55, Was A Brother of the deceased and also the first informant. He deposed that he and his other brothers were engaged in agriculture. Since about seven to eight months before the incident, his brother Amrutlal was sarpanch of the village. About 5 years before the incident, Amrutlal had a fight with Jetha Arjan-accused no.1 about grazing cattle, for which, a criminal case was also filed. Since then there were disputes between Jetha Arjan and the family of the witness. On the date of the incident, since morning his brother Amrutlal was supervising the work of construction of new crematorium near the old lake of the village, for which, digging for the foundation was being done by JCB machine. At about 5:15 in the evening, he alongwith his brother Govind Kurji, Bhanji Gopal, Govind Natha and Govind Savji were sitting at the village chowk. At that time, Dalit Ranjit Gelabhai came running to them and called them to come urgently as near the old lake, the Rabaris of the village were beating up Amrutbhai. They all ran to the place and saw that the accused were hitting his brother Amrutlal with their weapons. Accused nos.1, 2 and 5 had axes with them. Accused no.3 and accused no.4 had sticks. Upon seeing them, these people left. The brother had received serious injuries on the head, hands and legs. Ranjit told them that when the JCB machine work was going on and Amrutlal was present, he was also present there and the five Rabaris came with weapons, abused Amrutlal and asked him why was he digging the foundation since they were to cultivate the land. Amrutlal told them that the crematorium for the village was to be constructed there. Thereupon these people got excited and started beating him. They took Amrutlal to the hospital. His FIR was registered at the hospital itself. The witness identified the accused before the Court.