MANGALBHAI MOHANBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No.541 of 2000 has been filed by the appellant -original accused No.5 Mangalbhai Mohanbhai Chavada and Criminal Appeal No.551 of 2000 has been filed by the appellants -original accused no.1, 3, 4, 5, 6, 7 and 8 viz., Kanubhai Manibhai Chavada, Pratapbhai Manibhai Chavada, Rameshbhai Manibhai Chavada, Mangalbhai Mohanbhai Chavada (appellant of Criminal Appeal No.541/2000), Raisingbhai Ishwarbhai Parmar, Kashiben wife of Manibhai Bhavanbhai Chavada and Vinubhai Manibhai Chavada respectively, who have been charged and tried for the offences punishable under Sections 147, 148, 149, 302, 324 and 325 of the Indian Penal Code and under Section 135 of the Bombay Police Act, wherein the appellants -original accused nos.1, 4 and 8 were convicted to suffer R.I. for life for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and appellant -original accused nos.3, 5, 6 and 7 were convicted to suffer imprisonment for three years and to pay a fine of Rs.1,000/ - each, in default, to suffer S.I. for 6 months vide judgment and order dated 29th April, 2000 passed by the Learned Addl. Sessions Judge camp at Anand in Sessions Case No.75 of 1998. Since the original accused no.2 viz., Ishwarbhai Manibhai Chavada has expired during the course of trial, case was abated against him.

(2.) THE case of the prosecution in short is that on 30.10.1997 at about 9:00 p.m., after having dinner, when the complainant along with her family members were sitting outside the house, son of elder brother of the deceased viz., Lalo @ Mahesh had come to meet them and after half an hour, he left the said place.

(3.) WHEN Mahesh reached very near to the house of Manibhai Bhavanbhai Chavada, son of Manibhai i.e. the original accused no.4 viz., Rameshbhai gave him a stick blow. On raising screams, the complainant, her mother -in -law, Shantaben and her brother -in -law (Diyar), Natubhai reached there and saw that the accused no.1 armed with chisel (farashi), accused no.2 armed with dharia, accused no.3 armed with stick, accused no.4 armed with stick, accused no.5 armed with stick, accused no.6 armed with hockey, accused no.7 armed with iron rod and accused no.8 armed with pick -axe were stating there and shouting "maro -maro". Thereafter, accused no.2 gave dharia blow and accused no.1 gave chisel blow on the head of the deceased and other accused persons also beat him. Hence, the mother -in -law of the complainant - Shantaben and the brother -in -law - Natubhai intervened to save the deceased, however, they were also beaten by the accused persons.