CHATURBHAI KOYABHAI PARGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 567 of 2012 has been filed at the instance of original accused no. 1 and Criminal Appeal No. 357 of 2015 has been filed by original accused no. 3. Initially, three accused including accused no. 2 Maganbhai Halabhai Pargi, were charged for the offences punishable under sections 302 and 114 of Indian Penal Code. Pending trial, original accused no. 2 died. Having been convicted of the offences under sections 302 and 114 of Indian Penal Code vide judgement and order dated 10.06.2011, original accused nos. 1 and 3 have therefore preferred the present appeals. They have been sentenced to rigorous imprisonment for life and imposed fine of Rs. 5,000/- under section 302 of Indian Penal Code. No separate sentence has been imposed under section 114 of Indian Penal Code.

(2.) According to the case of the prosecution, on 27.09.2009, the accused nos. 1, 2 and 3 armed with stick, dharia and stick respectively attacked Sardarbhai Dindor while he was proceeding to a diary to deliver the cans of milk that he was carrying on his motor-cycle. He was intercepted by the three accused. Accused no. 2 Maganbhai Pargi who was carrying a dharia hit him on his head as accused nos. 1 and 3 with sticks in their hands attacked Sardarbhai on his hands and legs as a result of which he sustained fractures. The motive attributed to the killing of Sardarbhai was that the deceased's wife was a Deputy Sarpanch and the wife of the accused was a Sarpanch and election disputes in the past had caused bitterness inter se. They were charged for the offences under section 302 read with section 114 of Indian Penal Code. The First Information Report which was lodged by Kamliben ­ Sardarbhai's wife is at Ex. 8. According to the version in the First Information Report, at around 5 in the morning, her husband Sardarbhai had left for the diary with milk cans on a motor-cycle. 15 minutes after he left, she received a call on her mobile from one jeep driver. The caller informed her that Sardarbhai, her husband was lying on the road and was bleeding. He informed the wife that since he knew Sardarbhai, he was informing her of the incident. On receiving such call, Kamliben ­ the complainant accompanied by her father-in-law and son Hitesh left for the place where Sardarbhai was lying which was near a dispensary on the road. They found Sardarbhai lying on the road, bleeding. He had sustained injuries on the left side of the head and on the front. He also had sustained injuries on his hand and on the legs below the knee. Her husband was conscious and he informed them that Maganbhai Halabhai Pargi ­ accused no. 2, Chaturbhai Koyabhai ­ accused no. 1 and Mangalabhai Koyabhai ­ accused no. 3 had attacked him with dharia and sticks and that he had sustained injuries as a result of being so attacked by the accused. According to the version in the First Information Report, all the three i.e. the wife, son and father of Sardarbhai carried him to the government hospital where the doctor declared him dead. The motive, according to the complainant, was an election dispute of the Gram Panchayat. According to the complainant, Maganbhai's wife Leela was the Sarpanch whereas she was the Deputy Sarpanch which was the cause of this bitterness. According to the complainant, the incident occurred at 05.15 in the morning.

(3.) Kamliben was examined as P.W. 1 at Ex. 7. She in her testimony stated that at around 5 in the morning, her husband with milk cans was going to Khajuria diary which is at a distance of about 1 1/2 kms. He was going on a motorcycle. 15 minutes after he left, one jeep owner called her on the phone informing her that Sardarbhai was lying bleeding on the road. This witness further stated that on receiving such call, she along with her father-in-law and son Hitesh immediately went to the place where Sardarbhai was lying on the road. Her husband was conscious and he informed them that he had sustained injuries on the head and the hands and on the legs on being attacked by the three accused with sticks and dharia. Chaturbhai and Mangalabhai were carrying sticks whereas Maganbhai was carrying dharia. On being so informed, Sardarbhai was shifted by ambulance to government hospital at Dahod where the doctor declared him dead. This witness further in her examination-in-chief stated that Leelaben, wife of Maganbhai was the Sarpanch whereas she was Deputy Sarpanch. The motive behind the killing was obviously this acrimony as a result of the election disputes. She confirmed of having lodged the complaint at Ex. 8.