BHUPATBHAI MOHANBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred this Criminal Appeal against judgment and order of conviction dated 10th March,1999 passed by learned Additional Sessions Judge, Kheda at Nadiad in Sessions Case No.5 of 1998. By the said judgement, the present appellants have been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo for life imprisonment and to pay fine of Rs.5,000/ -, in case of default, further simple imprisonment of one year. Accused No.2 namely Manubhai M. Vaghela is convicted for the offence punishable under Section 307 of the Indian Penal Code and is sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.3,000/ -, in case of default, further simple imprisonment for 6 months. Accused nos.3 and 4 namely Ramanbhai Gotabhai Vaghela and Bhanubhai Gotabhai Vaghela have been convicted for the offence punishable under Sections 323 and 324 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/ -, in case of default, further simple imprisonment for three months. Accused Nos. 1 to 4 are also convicted for the offence punishable under Section 135 of the Bombay Police Act and sentenced to undergo rigorous imprisonment for three months. All sentences were ordered to run concurrently with main sentence.

(2.) BRIEF facts of the case are as under:

(3.) IT is also brought on record during the course of investigation that in a civil litigation between the parties, possession of the field was believed to be with deceased and status quo with regard to the possession was given by the competent Trial Court (Exh -52). Order was passed by learned Civil Judge (J.D.), Nadiad dated 6th January,1997. This stay was granted below Exh -5 injunction application. The suit was instituted by the deceased against accused no.1 i.e. Bhupatbhai Mohanbhai Vaghela and accused No.3. Ramanbhai Gotabhai Vaghela, accused no.2 is brother of accused no.1 and accused no.4 is brother of accused No.3. Thus, accused were having weapons in their hands. Despite the stay granted by Civil Court, they cut babul tree. When deceased, his brother and his sons opposed, accused Nos.1 and 2 caused serious injuries to the deceased on head by iron pipe and axe. Likewise, accused No.2 Manubhai Vaghela also caused serious injuries on head and hand by axe to Somabhai Laxmanbhai (PW -6), which endangered life of this witness, whereas accused no.3 caused injuries to Shankarbhai (PW -5) and accused No.4 caused injuries to Manguben (PW -7) by stick. Offence was investigated, charge -sheet was filed and Sessions Case No.5 of 1998 was registered against the accused and upon recording evidence, accused were convicted and sentenced as stated hereinabove vide order dated 10th March,1999. Against which, an appeal has been preferred by the accused under Section 374 of the Code of Criminal Procedure,1973.