UMESH @ GOLO KALUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal Is Filed By The Original Accused Who have been convicted for the offences punishable under sections 143, 147, 148, 149, 323, 324 and 302 of Indian Penal Code by the learned Additional Sessions Judge under his impugned judgment dated 20.03.2012. For the offence punishable under section 302 read with section 149, all the convicts have been sentenced to life imprisonment. Lesser sentences have been imposed for other offences. Originally, there were six accused who were being brought to trial. Accused no.4Jignesh Rajubhai Nayak died during the trial. The trial qua him therefore had abated. The remaining five accused have therefore filed this appeal challenging their conviction and sentence.

(2.) Briefly Stated, The Prosecution Version Was That on 24.06.2009, when the complainant Dharmeshbhai and his friends were standing outside their residential locality, at that time, Umesh Kalubhai @ Guloaccused no.1 was passing by. The complainant and Umesh had a few exchange of words, upon which, Umesh threatened to call his other friends to settle the score and left. No one came on that day. However, next day i.e. 25.06.2009, at about 9:30 at night, the complainant was called to a nearby place called Harichampa partyplot where he was assaulted by all the accused who were carrying different weapons such as hockey stick, iron pipes, sticks and metal chain. The other friends of the complainant tried to save him. One Arvindbhai Morarbhai also tried to intervene. Accused no.1 gave a blow with his hockey stick on the head of Arvindbhai causing his death. One Urmilaben Ganpatbhai and several other witnesses also received various injuries. A charge was therefore framed against all the accused at Exh.5 for commission of offences under sections 143, 147, 148, 149, 323, 324, 307, 302, 504 and 118 of Indian Penal Code.

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