HARIJAN KANTIBHAI NANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals are filed against the judgement and order dated 31. 7. 2002 passed by the learned Additional Sessions Judge, Surendranagar, in Sessions Case No. 15 of 1998.

(2.) THE brief facts giving rise to the case of prosecution, as per the complaint filed by Amarshi Karshan, were that on the night of 11. 10. 1997 between 21. 30 hours and 21. 45 hours all 11 accused persons named in the FIR with different weapons in their hands, have come on their feet at Jakatnakha chawk of Chuda town. Both the deceased Nandlal Haribhai and Ishwarbhai Haribhai were standing there who happen to be the cousins of the complainant. All the accused have simultaneously assaulted both the deceased. It is alleged in the complaint that all the accused persons with their weapons in their hands have started indiscriminately giving blows on the persons of both the deceased and on hearing shouts the real sister of the complainant Bhaniben came running to the spot and all the accused have run away from the place of incident with the weapons in their hands. It is stated in the complaint that the complainant and his sister have reached to both the injured. Nandlal Haribhai was murmuring that he may be hospitalized but Ishwarbhai was not in a position to speak as he died on the spot. The complainant stated in the complaint that as the complainant wanted to make a phone call to Limdi at the place of his brother-in-law, he came to the STD/pco centre situated near Chuda Town, Jakhatnakha and that is how he had seen the incident.

(3.) ON completion of investigation, chargesheet came to be filed and on the case having been committed to the Court of Sessions, the charge is framed against all 11 accused persons. Number of witnesses have been examined and various documentary evidences are produced on record by the prosecution. Accused, particularly accused Nos. 5 and 11 have produced witnesses in defence along with documentary evidences. On appreciation of evidence on record and having heard both the sides, the learned trial Judge proceeded to hold that original accused No. 1 Punabhai Jethabhai, accused No. 2 Jagdishbhai Punabhai and accused No. 4 Valjibhai Jethabhai have been found to have caused injuries with weapons in their hands like gupti, knife, sword and thus these 3 accused are found to have caused injuries on the persons of deceased Ishwar. Learned trial Judge also proceeded to record the findings against original accused No. 5 Kantibhai Nanjibhai as the person having caused injury by gupti to another deceased Nandlal. Thus, learned trial Judge has found four accused responsible and authors of the injuries to both the deceased. However, learned trial Judge further proceeded to convict the other accused persons also as the members of the unlawful assembly with the aid of Section 149 of the Indian Penal Code.