NANUBHAI CHHIBABHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by original accused nos.1 and 2 under section 389 of the Code of Criminal Procedure, 1973 seeking suspension of impugned judgment and order of sentence dated 1st July 2016 passed by the Principal Sessions Judge, Navsari in Sessions Case No.23 of 2015. Since the main appeal against the order of conviction and sentence is admitted by this Court and awaits further adjudication, we will not enter into the larger questions and deal with the present application for suspension of sentence and bail.

(2.) The case of the prosecution is that the complainant named Thakorbhai Mangabha Ahir lodged the complaint on 30th June 2014 by alleging that his father Mangabha had three brothers i.e. Devabhai Chhibabhai, Bhalabhai Chhibabhai and Nanubhai Chhibabhai. Devabhai and Bhalabhai are the resident of village Abrama. In the complaint it has been further asserted that there is a land of Gharkachha in which there had not been any partition and all the family members were jointly holding the land and on account of that the uncle Nanubhai and his son Bharat were quarreling with his father with respect to the said land in question. It has also been asserted in the complaint that both Nanubhai and his son Bharat prior to approximately one month had dug a pit near the joint bore for takingout another boring pipe and on 29th June 2014, the pit was further deepened by way of J.C.B. Machine.

(3.) It is the case of the complainant that on or around 9:30 p.m. when the complainant and his father were present in the house, at that time, his uncle Nanubhai and his son Bharat came to the house of the complainant and conveying why they were seeking measurement of the land and thereby threatened his father. At that point of time, the father of the complainant shouted for complainant and his uncle Nanubhai and his son Bharat started verbal altercation and thereafter, both applicants caught hold of the father of the complainant from his neck and twisted the neck and took him towards the pit and thrown in it and at that time one Girish Gopal Ahir, who happened to be his maternal cousin also came and attacked on father of the complainant and helped his uncle and son and also assaulted the complainant, who tried to intervene. This complainant has also sustained injuries and after hue and cry being raised, people from nearby houses came there and helped in takingout his father from the pit and took him to a Government Hospital. Later on the father of the complainant succumbed to the injuries.