PRATAPBHAI RAMABHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal Is Filed By The Original Accused To Challenge The judgment dated 23.7.2012 passed by the learned Additional Sessions Judge, Nadiad, in Sessions Case No.128/2010.

(2.) Briefly Stated, The Prosecution Version Was That Deceased Balwantbhai and the accused were distant relatives. They had long standing disputes about the ancestral land. As a fall out of such past soured relations, on the night of the incident, i.e. 1.6.2010 at about 9:30, all the five accused who were carrying different weapons, assaulted Balwantbhai outside their house, causing serious injuries to which he succumbed shortly. Accused no.1 Pratapbhai was carrying a dhariya with which he gave blows on the head of Balwantbhai, the other four accused, Jayantibhai accused no.2, Jadiben accused no.3, Tiniben accused no.4 and Shardaben accused no.5 were carrying sticks with which they gave multiple blows to Balwantbhai on other parts of the body. Balwantbhai received serious injuries. He also received fractures on other parts of the body. All the five accused were therefore, charged with offences punishable under sections 143, 147, 148, 302, 506(2) read with section 149 of the Indian Penal Code below charge exh.4.

(3.) Gopalbhai Balwantbhai Sodha Parmar, Pw-5, Exh.51, Was the son of the deceased. He deposed that on the night of the incident, there was a marriage in the village. He was at the house along with his grandparents Madhuben and Ambalal. His father had gone to deposit milk in the dairy. When he was returning, Pratapbhai Ramabhai accused no.1 had assaulted his father, warning him and others against coming closer. There was an electric pole nearby where the light was on. He pointed out that Pratapbhai had a dhariya, others had sticks. All of them were giving blows to his father. According to him, the quarrel was about the agricultural land.