PRAVINSINH DANUBHA GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants/original accused Nos.1 and 2 have preferred this appeal under Section 374 of Code of Criminal Procedure, 1973 against the judgement and order dated 11.1.2013 rendered in Sessions Case No.229 of 2003 by learned 4th Additional Sessions Judge, Bhavnagar, Camp at Mahuva convicting the appellants under Section 302 of Indian Penal Code and sentencing them R.I. for life imprisonment and fine of Rs.15,000/- and in default thereto one year of S.I. to be undergone.

(2.) The appellants are acquitted of offences under Sections 147, 148, 149 by giving them benefit of doubt. Accused Nos.3, 6, 8, 9, 10 and 11 are also acquitted for offences under Section 147, 148, 149 and under Section 304 of Indian Penal Code by giving them benefit of doubt and accused No. 4-Danubha Keshubha Gohil, accused No.7-Boghubha Gagubha Gohil and accused No.12- Maghubha Keshubha Gohil died during the pendency of trial and the Sessions Case No.229 of 2003 accordingly came to be abated qua them.

(3.) The case of the prosecution has genesis in the complaint Exh.42 dated 17.9.2003 filed during 0:30 hours with Alangh Police Station by the complainant-Bharatsinh Gulabsinh Gohil P.W.2. That around 20:30 on 16th September, 2003 after having his supper was taking rest but was not sleeping heard shouts around his house and children and women shouting of beating Dilipsinh Babubha Gohil. That, Dilipsinh Babubha Gohil and his younger brother Bhimbha Babbha had gone to their vadi (agricultural field) during evening hours where their grand father Gulabsinh was staying. While they were returning from their vadi to their residence and reached nearby the house of one Batuksinh Bhikhasinh around 20:00 to 20:30 p.m. all the accused were following. P.W.3 Bhimbha Babbha who was 7 to 8 steps ahead heard the shouts of his brother and saw A-1 Pravinsinh Danubha Gohil caught hold of Dilipsinh Babubha Gohil and inflicted knife blow. Then A-2 Sureshsinh @ Surendrasinh Danubha Gohil inflicted spear blow on Dilipsinh Babubha Gohil and A-3 and A-4, father of the Accused Nos. 1, 2, 3 and 5 were standing with gupti and other accused were shouting kill kill and P.W.3 Bhimbha Babbha was confronted and ran towards the residence and informed the incident to their parents who in turn started raising alarm who reached the scene of offence and found dead body of Dilipsinh Babubha Gohil which was identified as such with light of the torch in view of the darkness in the street. Initially entry was made in the police station diary around 21:20 being Exh.7, in which Vijaysinh Kanubha Gohil informed the concerned PSO about quarrel which had taken place at his village between two families namely Vijay Gohil and that of accused-Boghubha.