RANAJI ABHERAJJI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order of conviction dated 10. 2. 2000 passed by the learned Additional Sessions Judge, Kutch-Bhuj convicting original accused Nos. 5, 10 and 12 and acquitting 11 accused persons out of 14 accused persons who were charged to have committed the offences under Sections 302, 307 read with Sections 143, 144, 148 and 149 of the IPC.

(2.) THE case of the prosecution is that the deceased Kanji Dhanji and the complainant Ramji Naran have come by scooter from Bhuj to Bibbar village and at the outskirts of the village in the dens bushes they have parked the scooter and were going towards the village on their feet. At that time all the accused persons who were 14 in number have committed an assault at 11. 30 p. m. On 14. 9. 1998. It is alleged that all the accused with the weapons like axe, sticks, dharia and dhoka have caused injuries to the deceased Kanji and have also caused serious injuries to complainant Ramji Naran with the weapons axe and sticks. The deceased Kanji died on the spot and complainant Ramji Naran when was removed to the hospital, he lodged the complaint and subsequently his dying declaration is also recorded.

(3.) ON the appreciation of evidence the learned trial Judge convicted original accused Nos. 5 and 12 for they having inflicted injuries on the person of the deceased Kanji and accused No. 10 is attributed to the role of having caused injury by stick to the complainant and he is also with the aid of Section 149 of the IPC convicted to the same offence.