BHARATBHAI BHAVANBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the aforesaid appeals and proceedings have arisen out of the same incident which took place at the field of the victim situated near Khodiyarnagar upon Tarapur Khambhat Highway and therefore, all the proceedings are heard together and decided by this common judgment.

(2.) Criminal Appeal No.1476 of 2013 is being preferred by convict accused Bharatbhai Bhavanbhai Bharwad challenging his conviction dated 26.9.2013 for the offence under section 304-I of IPC, whereas Criminal Appeal No.134 of 2014 has been preferred by the State of Gujarat challenging acquittal of said convict accused Bharatbhai Bhavanbhai Bharwad for the offence under sections 147, 148, 149, 307, 447, 504, 307 and 302 of IPC.

(3.) That on 21.3.2011 the complainant - Jayantibhai Dhulabhai Patel lodged the complaint before Tarapur Police Station, inter alia, alleging that persons belonging to Bharvad community used to come to their agricultural field and used to take away grass from their agricultural field. On the day of incident, the complainant along with his elder brother Kanubhai and their servant Lalabhai were in the field and were busy with their agricultural operations at about 9.30 am, at that time, mob of persons belonging to Bharvad community came there and started taking grass; at that time, they denied, due to which, accused Bhavanbhai Chehabhai Bharvad, Sadadbhai Haribhai, Laxmanbbai Bhavanbhai, Sajabhai, Naranbhai Hirabhai and others were armed with the stick, whereas Bharatbhai Bhavanbhai was armed with dharia who attacked upon the complainant party with their respective weapons. Accused Bhavanbhai Bharvad inflicted stick blow on the stomach and head of Kanubhai and also inflicted stick blow on the left hand of Lalabhai. Accused Sadabhai beaten Kanubhai and Lalabhai with stick and accused Bharatbhai Bhavanbhai Bharvad inflicted dharia blow on the head of Kanubhai while intervening, at that time, Laxmanbhai Bhavanbhai, Sajabhai and his son Naranbhai Hirabhai, Manubhai Bhavanbhai and Jala Hirabhai also assaulted and due to shouting for help, nearby agriculturist Mohanbhai, Rakesh and Ramesh rushed to the place of incident and injured were taken to Karamsad hospital and the complaint came to be lodged.