HASMUKH NANJI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT Appeal is preferred by the appellants under Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order delivered by Presiding Officer, Fast Track Court No. 4, District - Rajkot at Morbi, on 11th of August, 2005, in Sessions Case No. 2 of 2003, whereby the present appellants came to be convicted for the offences punishable under Sections 143, 147, 148, 323, 324, 504 and 307 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. Each of the appellants was sentenced to undergo six months imprisonment and to pay fine of Rs. 500/-, in default to undergo one month imprisonment for the offence punishable under Section 143 of the Indian Penal Code; to undergo two years imprisonment and to pay fine of Rs. 1,000/- in default to undergo one month imprisonment for the offence punishable under Section 147 of the Indian Penal Code; to undergo imprisonment of three years and to pay fine of Rs. 3,000/- in default to undergo imprisonment of six months for the offence punishable under Section 148 of the Indian Penal Code; to undergo imprisonment of one year and to pay fine of Rs. 1,000/- in default to undergo imprisonment of one month for the offence punishable under Section 323 of the Indian Penal Code; to undergo imprisonment of three years and to pay fine of Rs. 3,000/- in default to undergo imprisonment of six months for the offence punishable under Section 324 of the Indian Penal Code; to undergo imprisonment of two years and to pay fine of Rs. 1,000/-, in default to undergo imprisonment of three months for the offence punishable under Section 504 of the Indian Penal Code and to undergo imprisonment of 10 years and to pay fine of Rs. 10,000/- in default to undergo imprisonment of one year, for the offence punishable under Section 307 of the Indian Penal Code. Each of the appellants came to be convicted and sentenced for the offence punishable under Section 135 of the Bombay Police Act and was sentenced to undergo imprisonment of one month. The learned Trial Judge also directed that all the sentences awarded to each of the appellants shall run concurrently and set off also be given to each of the appellants.

(2.) ACCORDING to prosecution case, the incident took place at Morbi, on 21. 4. 2002 during 20. 00 to 20. 30 hours near old Octroi Office. According to the further prosecution case, complainant - PW-3 Ravubha Banubha Jhala had been to one Jagabhai Satwara, who was doing catering services and wedding of complainant was to take place in near future, he wanted to talk to said Jagabhai Satwara. When complainant Ravubha was standing near the shop of Jagabhai Satwara, accused No. 2 Hirabhai Parbatbhai Rabari was also standing there and accidentally leg of Ravubhai had struck upon accused Hirabhai Parbatbhai Rabari and, therefore, accused Hirabhai Parbatbhai got excited and started giving abuses to Ravubha. Thereafter, Ravubha came to the shop of his cousin brother Bhavansinh Agubha Jhala and the shop was situated near Octroi Office. Half an hour thereafter, all the six accused - appellants and other four persons came there and started giving abuses to Ravubha and he was told that why complainant was giving abuses near the shop of Jagabhai Satwara to accused No. 2. Brother of accused No. 1 Hasmukh Nanji inflicted a blow with stick on the head of the complainant and thereafter accused No. 2 Hirabhai Parbatbhai also inflicted a blow with stick on the head of the complainant. All the accused and other persons started beating complainant with sticks. Complainant Ravubha thereupon started shouting for help and in the meantime his other cousin Raghubha Agubha Jhala - PW-4 came there to rescue complainant Ravubha Banubha. At that time, accused No. 1 Hasmukh Nanji gave a stab wound with knife on the side of the body of Raghubha Agubha. In the meantime, other cousin brothers of the complainant, Bhavansinh Agubha and Nirubha Sabalsinh also reached there and complainant was set free from the accused. All the accused persons ran away from the spot. Raghubha Agubha was taken to hospital by Bhavansinh and Gajubha Sabalsinh and complaint came to be recorded by the Police Sub-Inspector, Morbi City Police Station, on 25th of April, 2002 at about 23. 00 hours in the hospital, which is at Exhibit-27. On that day, injured Raghubha was examined by PW-2 Dr. Mahendrakumar Amrutlal Sanghvi at Civil Hospital Morbi at 21. 00 hours, he was referred to Rajkot for further treatment. However, injured Raghubha preferred to take treatment from private Doctor, PW-12 Dr. Ranchhodbhai Mavjibhai Bhut and according to him, a knife wound to the injured was on the back and near spinal cord. Other three injured i. e. PW-3 Rabubha Banubha Jhala for his simple injury, took treatment from PW-12 Dr. Ranchhodbhai Mavjibhai Bhut while PW-5 Bhavnsinh Agubha Jhala and PW-6 Nirubha Sabalsinh Jhala, both took treatment from Dr. Narendrasinh Natubha Jhala for their simple injury at Civil Hospital, Morbi, on the next day of the incident.

(3.) ON crime being registered, the same was investigated by Kailashnath Shyamsundar Shukla, PI of Morbi Police Station and charge sheet was submitted in all against eight persons and two being juvenile offenders, were sent to appropriate court. The case being committed to the Court of Sessions, the learned Trial Judge framed charges against six accused on 18th of August, 2004, vide Exhibit-1, for the offences punishable under Sections 143, 147, 148, 504, 149, 324, 323 and 307 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act.