STATE OF GUJARAT Vs. ARVIND DEVSHI MAKVANA

JUDGEMENT

(1.) These appeals arise out of a common judgment of the learned Additional Sessions Judge, Amreli, dated 07.12.2011 rendered in Sessions Case No.34 of 2006. Briefly stated, the prosecution version was that, on 18.03.2005, when deceased Ravi @ Babu Mohanbhai was sitting outside the locality where he was residing, alongwith his uncle and first informant Keshubhai Arjanbhai Chavada and other members of the family, Manga Devsinhaccused no.1, Jaga Devsinhaccused no.2 and Mukesh Khodabhaiaccused no.5 came there on a motorcycle and asked Ravi to take out his jeep for fetching liquor. Ravi refused stating that previously his jeep was detained and he cannot afford the jeep being detained again. These three people were angry and left abusing Ravi but, returned about half an hour later with six more people. These people were carrying weapons such as knives, sword, pipe etc. They assaulted Ravi and gave knife blows. ComplainantKeshubhai Arjanbhai Chavada who tried to save Ravi, was attacked with sword and pipe. Ravi died shortly due to the injuries. The complainant also had to receive treatment for his injuries. A charge to this effect was therefore framed at Exh.49 against all accused for having committed offences punishable under sections 147, 148, 149 and section 12B of the Indian Penal Code. They were also charged for the offence of conspiracy punishable under section 120B of the Indian Penal Code.

(2.) Upon completion of the trial, the learned Sessions Judge, by the impugned judgment, convicted original accused no.1 to accused no.5 and accused no.8. Accused no.6, accused no.7 and accused no.9 were acquitted. Accused nos.1, 2, 4 and 8 have filed Criminal Appeal No.75 of 2012. Accused no.3 has filed Criminal Appeal No.22 of 2012. Accused no.5 has filed Criminal Appeal No.21 of 2012. Criminal Appeal No.1578 of 2011 is filed by the State challenging the acquittal of accused nos.6, 7 and 9.

(3.) We may record the gist of the evidence. PW1, Keshubhai Arjanbhai Chavada, Exh.92 was an injured eyewitness and also the first informant. He deposed that he lived at village:Baharpara in Harijanvas. On 18.03.2005, at about 11'O clock at night, he, his nephew Ravi Mohan and Babu Bhimji were sitting outside their residential locality. At that time, on a bullet motorcycle, Manga Devsinh, Jaga Devsinh and Mukesh Khodabhai (accused no.1, no.2 and no.5 respectively) came there. They told his nephew to take out the jeep since they wanted to fetch liquor. His nephew told them that the jeep was caught once, if caught second time, it would not be possible to get it released. These people therefore got angry and started abusing. Babu Bhimji told them not to use bad words. These people therefore left, threatening. Listening to this commotion, other people such as Bhimji Amrabhai, Jayesh Mohanbhai and Popat Bhimjibhai had also come there.