RATILAL TALSIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant Ratilal Talsibhai Vasava has filed the present appeal against the judgment and order dated 20.11.2009 passed by the learned Additional Sessions Judge, Rajpipla. The appellant together with two others, was charged for offences punishable under sections 302, 325, 323 and 114 of Indian Penal Code. Ratilal was the accused no.1. Accused nos.2 and 3 were acquitted by the judgment dated 20.11.2009.

(2.) Exh.6 is the charge framed by learned Additional Sessions Judge. Ratilalthe accused, his brother Soma and the deceased Ramanbhai were brothers. Apparently over the dispute of family property, there was an argument between the accused no.1Ratilal and his brother Somabhai. Deceased Raman, the other brother tried to take sides with the younger brother Soma.

(3.) Ramanbhai's wife Kashiben was the first informant who lodged the FIR at Exh.14 on 03.04.2009. The reading of the FIR reveals that on 03.04.2009, Raman and his wife Kashi had returned from Rajpipla. After spending sometime at Vavdi, Raman went to Sundarpura on being informed that brother Ratilal had pulled down the ancestral house. Sanjay, Raman's nephew in the evening dropped back Raman to Vavdi. On his way to Vavdi, Ratilal and Shailesh, the brothers of Raman, intercepted them on the road and started beating Raman. When in the evening, Raman was at home with his wifethe complainant, Ratilal together with Shailesh and two others came to their house at Vavdi and started indiscriminately beating Raman with sticks and iron rods in their hands. Ratilalaccused no.1 who was carrying a stick, hit Raman on the head and on the hands. When Kashiben tried to intervene, she also sustained injuries.