PIRABHAI RANCHHODBHAI MAJIRANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order passed by the Fast Track Court, Deesa on 13. 4. 2004 in Sessions Case No. 18 of 2003, whereby the appellants came to be convicted for offences punishable under Section 304 Part 2 read with Section 149 of the Indian Penal Code ('ipc', for short), under Section 326 read with Section 149 of IPC, under Section 325 read with Section 149 of IPC and Sections 147, 148 and 323 of IPC. The trial Court imposed a sentence of Rigorous imprisonment ('r. I', for short) for 10 years with a fine of Rs. 2000/-, in default R. I for 3 months for the offence punishable under Section 304 Part 2 of the IPC r/w. Section 149 of the IPC on all the accused persons - the appellants herein. The trial Court imposed sentence of R. I for 6 years and fine of Rs. 1000/-, in default R. I for 3 months for the offence punishable under Section 326 of the IPC r/w. Section 149 of IPC. So far as offence punishable under Section 325 read with Section 149 of IPC is concerned, the trial Court imposed a sentence of R. I for 3 years with fine of Rs. 600/-, in default R. I for 15 days, and for offences punishable under Sections 147, 148 and 323 of IPC, the trial Court did not impose any separate sentence.

(2.) AS per the prosecution case, the incident occurred on 15. 10. 2002, on the main-door, just outside the Village gate, at about 9 p. m. , when the accused persons allegedly assaulted the deceased Bherabhai with various weapons like dhariya, knife, stick etc. As per the prosecution case, the incident has itself roots in an incident that occurred about 10 years prior to the present incident, where according to the prosecution, the death of two sons of the complainant were attributed to a black-magic being administered by the present accused. On the day of incident, the deceased had gone to the temple of Momai Mataji situated near the house of accused Pirabhai Ranchhodbhai. After offering prayers, when they were returning, the accused persons assaulted upon them suddenly, and caused fatal injuries to deceased Bherabhai, besides injuries to witnesses Bhikhabhai Ukardabhai, Hajabhai Kehra, Ravabhai Ukardabhai, Lakshman Sava, Ramesh Bhikha and Mashru Bhikha. Soon after the incident, an FIR came to be lodged by Bhikhabhai Ukardabhai with Panthawada Police Station. The offence was registered and investigated. Ultimately, a chargesheet was filed in the Court of learned JMFC, Dhanera, who in turn committed the case to the Court of sessions and Sessions Case No. 18 of 2003 came to be registered.

(3.) 3. 1 The charge was framed against the accused persons vide Exh. 10. The accused persons pleaded not guilty and claimed to be tried. The trial Court upon considering the evidence led by the prosecution before it, came to a conclusion that the prosecution was successful in proving charges for offences punishable under Section 304 Part 2 r/w. Section 149 of IPC, Section 326 r/w. Section 149 of IPC and Section 325 r/w. Section 149 of IPC. The trial Court did not accept the charge of murder against them and acquitted all of them for the offence of murder. The accused persons (convicts) have preferred this appeal to challenge the judgment and order of conviction and sentence. The State has not preferred any appeal against acquittal.