ISHWARBHAI NANJIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of a common judgment dated 22.08.2012 rendered by the learned Additional Sessions Judge, Limdi, in Sessions Case No.53 of 2012.

(2.) Briefly stated, the prosecution version was that deceased Mansukhbhai Nanjibhai Rathod and his other family members were cultivating government waste land in a village. The six accused who belonged to the Bharvad community, had disputes with Mansukhbhai Nanjibhai Rathod and his other family members in connection with the cultivation in the government waste land and the grazing of the cattle of the accused on such land. Keeping a grudge about such past disputes, in the afternoon between 3 to 4'O clock on 06.10.2010, when deceased Mansukhbhai Nanjibhai Rathod was traveling on his motorcycle nearby the village, the six accused intercepted him, picked up a fight and gave multiple blows with a 'Farsi' (a weapon made of metal with a long blade which is sharp on one side and blunt on the other which is attached to a wooden handle) and sticks that the accused were carrying. Mansukhbhai in such seriously injured condition, was brought to the family shop in his village by passerby from where, he was taken to the hospital. At the referral hospital later, Mansukhbhai died due to the injuries. A charge was therefore framed against all accused of having committed offences punishable under sections 147, 148, 302, 323, 324, 325, 504 read with section 149 Indian Penal Code. They were also charged for offence under section 135 of the Bombay Police Act. The learned Trial Judge by the impugned judgment dated 22.08.2012 convicted all the accused for the offences punishable under sections 147, 148, 302, 504 read with section 149 IPC and section 135 of the Bombay Police Act. For the offence under section 302 read with section 149 IPC, they were sentenced to life imprisonment. For other offences, lessor punishments were imposed. Fines were also awarded. The original accused have challenged this judgment by filing Criminal Appeal No.1908 of 2012. The complainant Kishorbhai Nanjibhai Rathodbrother of the deceased has filed Criminal Appeal No.1607 of 2012, in which, he has prayed for enhancement of sentence as well as for awarding compensation.

(3.) We may record the gist of the evidence. Ishwarbhai Nanjibhai Rathod, PW9, Exh.84, a brother of the deceased was the first informant. He deposed that he and other brothers had a shop in the village:Chuda where they did the welding work. In the nearby village:Borana, they had been cultivating about 10 vighas of government waste land since many years. His elder brother Mansukh would supervise the cultivation. On the date of the incident, he, his brother Mansukh and nephew Shailesh were at the family shop at Chuda. He left the shop to go to the house in the village for lunch. His brother Mansukhbhai went on his motorcycle to go to Borana for lunch. His nephew Shailesh would take lunch at the shop and he therefore remained there. After lunch, the witness returned to shop at about 3'O clock. At about 4'O clock, the teacher of village:Borana one Mr.Pandya came on his twowheeler with the brother riding as a pillion rider. He was profusely bleeding. After getting him off the vehicle, the witness asked him about the incident, to which, his brother stated that after lunch when he was returning from Borana to Chuda, near the field of Arjanbhai Chaturbhai when he was traveling on the motorcycle, Raja Mera (accused no.1), Ramu Chhagan (accused no.2) Raja Kala (accused no.3), Bijal Moti (accused no.4), Rama Hindu (accused no.5) and Sata Mera (accused no.6) stopped him and asked him why he was cultivating the waste land though told not to do so. When the brother told them that they had been cultivating the land since the time of his father, the six people started abusing him. Accused no.1Raja Mera had Farsi in his hand. The rest five had sticks. They all started giving blows on his hands and legs. The brother fell down from the motorcycle bleeding. They went on giving random blows. The brother started shouting for help, upon which, these people ran away. Teacher Shri Pandya was passing by, to whom, the brother requested to be dropped at the shop at Chuda. The witness also stated that when this conversation was going on, his nephew Shailesh was also present. They called an ambulance and took the brother to the Government hospital at Chuda. After preliminary treatment, he was taken to Surendranagar Government hospital. Doctor told them later on, that the brother had died due to excessive bleeding. He produced at Exh.85 the FIR which he had lodged, in which, he had given substantially the similar version.