MANHARBHAI PARBHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused have filed these appeals against the judgement and order dated 23.08.2012. By the aforesaid judgement, the present accused were convicted and sentenced to undergo life imprisonment for offences punishable under sections 302, 307, 323, 326 read with sections 143, 147, 148, 149 of the Indian Penal Code in Sessions Case No. 28 of 2011.

(2.) On 14.07.2010, Khushalbhai Maganbhai alias Khusmanbhai lodged a First Information Report. According to the informant, on 13.07.2010, when he along with his brother Jignesh was returning home, they found the accused waiting outside opposite the shop of Manharbhai Patel, father of accused nos. 7 and 8. Accused No. 3 was holding a rod in his hand whereas the other accused armed with sticks assaulted the complainant and his brother Jignesh. The complainant and his brother Jignesh sustained serious injuries on the head and other parts of the body. When Kashiben, mother of Jignesh and the complainant Khushalbhai alias Khusmanbhai tried to intervene she also sustained injuries. Based on this complaint and the investigation that was carried out, charge at Ex. 4 was framed by the learned Sessions Judge. Jignesh having succumbed to the injuries, the learned Sessions Judge invoked section 302 of the Indian Penal Code and charged the accused for such an offence. Since Khushal ­ the complainant and his mother Kashiben sustained serious injuries, the accused were also charged for offences under sections 307, 323, and 326 of the Indian Penal Code. For forming an unlawful assembly and indulging in riotous behaviour, sections 143, 147, 148 and 149 of the Indian Penal Code were also invoked and the accused were charged for the offences under the said sections.

(3.) The other injured eye witness examined by the prosecution was Kashiben Maganbhai Patel. She was examined as P.W. 14 at Ex. 68. This witness stated that when the incident happened on 13.07.2010, she was at home. When both her sons went home, the accused Jagdish, Deepak, Sandeep, Kanhaiya, Ishwar, Pankaj, Ambu, Kiran, Shirish and others came home. She was on the terrace. All of them started abusing her sons Khushman and Jignesh. All the accused, in tandem, started attacking her sons. Shirish was holding an iron rod. Jagdish too was holding an iron rod. Deepak also had an iron rod and the others had sticks in their hands. Sandeep too had an iron rod in his hand with which he had hit her on the forehead. She sustained injuries on the hand and on the head. Khushman too had sustained injuries on the head. Jagdish and Deepak were holding iron rods and had attacked her son Jignesh who sustained serious injuries on the head. All three were carried in an ambulance to the Civil hospital at Bharuch. Subsequently, they were shifted to the Veer Surgical hospital. Her son Jignesh was then taken to Baroda Heart hospital. He died at the Baroda Heart hospital. Her son Khushman had lodged the First Information Report. She identified the accused who were present in the court. She identified the weapons which were shown to her.