GIRASIYA SUKHDEVSINH DEVUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal No.605 of 2004 is filed against the judgment and order dated 16th April 2004 passed by the learned Additional Sessions Judge, Fast Track Court, Surendranagar at Dhrangadhra in Sessions Case No.116 of 1999 whereas Criminal Appeal No.2055 of 2005 was filed by the State against the acquittal and Criminal Appeal No.2056 of 2005 was filed by the State for enhancement of sentence.

(2.) BRIEFLY stated, the facts of the prosecution case are that the incident in question took place on 16th May 1997 at about 11.15 AM near the village gate of Nava Devaliya. The accused persons are the residents of village Juna Devaliya. In between two villages there is a small river and people of both the village have their normal visits to each villages. On the date of the incident i.e. on 16.5.1997 at about 9 AM some minor quarrel took place in which motorcycle of one Patel Ishwarlal Ratilal who is the complainant in this case dashed with Harubha Patubha. At that time, Harubha told Ishwar Ratilal to drive his motorcycle properly. Some verbal altercation took place at that time and therefore Harubha slapped Ishwar Ratilal. Thereafter, Ishwar Ratilal went to his village. Further, it is the prosecution case that Ishar Ratilal informed his family members regarding this incident. Further it is the case of prosecution that some persons of Patel community came at village ND on one marriage ceremony. Further, according to the prosecution case the complainant - Ishwar was asked by his family members and relatives as to what has happened. Thereafter the complainant informed the incident to them. Further, according to the prosecution case at that time the present appellants and co -accused persons all of them were armed with deadly weapons came at the place where the complainant and his family members were standing. according to the prosecution case there were in all 15 persons. Appellant No.1 - Sukhdevbhai Devubha was armed with sword, co -accused Tejubha Ganubha was armed with dharia, accused - Ramubha Merubha. Sukhdevsinh Dhirubha, Ramubha Chanubha, Palubha Jitubha, Jivansinh Jitubha, Meghubha Govindsinh and Bharatsinh Meghubha were armed with sticks while Shaktisinh Jabbha - appellant No.2 was armed with spear. Devubha Falji was armed with Dharia. Dilipsinh Chhanubha was armed with sword. Ganubha Vrajrajsinh, Anopsinh Jorubha and Mahipatsinh Prabhatsinh were armed with dharias in their hands. Further, according to the prosecution case the appellants as well as co -accused started offence with respective weapons which were in the respective hands on the persons of Patel Ishwarbhai Ratilal, Mavjibhai Narsibhai, Karsanbhai Shivabhai, Ghanshyam Narsibhai and Ratilal Narshibhai Patel.

(3.) DURING the course of investigation, 13 persons were arrested. During the pendency of the trial, Devubha Falji died and therefore the case is ordered to be abated against him. Anopsinh Jorubha who sustained fatal injuries died in the incident. All the accused persons were charged with the offence punishable under Sections 143, 147, 148, 149, 326, 325, 324 of IPC as well as for the offence u/s 135 of the Bombay Police Act.