KAMLESH JENTIBHAI TAMBOLIYA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused challenging the judgement dated 18.02.2013 passed by the learned Additional Sessions Judge, Jamnagar in Sessions Case No. 67 of 2011. These 5 appellants - original accused were charged for the offences punishable under sections 143, 147, 148, 149, 504, 302 and 323 of IPC and section 135(1) of the B.P. Act. They were convicted for the said offences. For the offence under section 302, they were sentenced to life imprisonment. No separate sentences were imposed for lesser offences.

(2.) Broadly stated, the prosecution version was that one Vijaysinh Bhikhubha ­ brother of the complainant Ratansinh was passing on a motorcycle when accidentally his motorcycle touched accused no. 1 Kamlesh Jentibhai Tamboliya. There was a quarrel during which Vijaysinh Bhikhubha had abused Kamlesh. Keeping a grudge about this incident, couple of days later on 19.02.2011, at about 08.30 at night, all the accused came to a place where Vijaysinh and his brother Ratansinh were standing near a pan shop. Their cousin brother Vikramsinh was also present. Accused no. 1 challenged Vijaysinh and picked up a quarrel referring to the previous incident and took out a knife. Vijaysinh ran. All the five accused ran after him, caught him and the accused no. 1 gave knife blows to Vijaysinh. His brother Ratansinh tried to intervene. He was also hit with a stick and an iron pipe. Vijaysinh died during treatment. A charge was therefore framed under Ex. 6.

(3.) Ratansinh Bhikhubha, P.W. 7, Ex. 38 ­ brother of deceased Vijaysinh was an eye witness and also the first informant. He deposed that on the night of the incident at about 08.30, he and his brother Vijaysinh had gone to a pan shop in the village. Their cousin brother Vikramsinh also came there. When they were standing there, the five accused of the village came there carrying wooden logs and iron pipes. Accused no. 1 started abusing Vijaysinh and reminded him of the incident which took place two days back. He took out a knife upon which Vijaysinh started running. All these five people chased him and caught him behind the temple near the house of Rameshbhai Babubhai. These people started beating him up. Kamlesh ­ accused no. 1 stabbed him on the thigh. He started shouting for help and intervening upon which Atul Jenti and Kishor Bachu ­ accused no. 2 and 4 gave blows with log of wood and iron pipe. His brother was bleeding. When Vikramsinh arrived there, all these five people ran away. His brother was taken to a hospital first in a car and then shifted into an ambulance. At G.G. hospital, Jamnagar he was declared dead. The witness identified the accused and the weapons before the court. He had registered the FIR which was produced at Ex. 39.