ARJANBHAI GAGJIBHAI NANDODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the accused - appellants being aggrieved by the judgment and order of conviction dated 19.10.2001 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad in Sessions Case No.15 of 1997.

(2.) The accused-appellants have been convicted as under:-

(3.) The case of the prosecution was that on 1st September 1996 at 7 AM Nagjibhai Vastabhai Bharwad along with his cattle had gone for grazing the same in the village Malanpur. At about 3 to 4 PM in the evening while he was returning with his herd, at that time, his brother Bhojabhai, deceased, who had earlier gone to village Mandal for making settlement with the Bharwads was seen coming on a motorcycle. That motorcycle was being driven by Deva Ratna. Following him in a jeep there were few Bharwards like Surabhai Bhawanbhai, Bhojabahi Ramabhai, Sartanbhai Sedhabhai, etc. At that time a tractor being driven by Arjan Galaji was tehre and in jeep Natha Patha and other accused persons were there. They were armed with various weapons. The accused persons stopped his brother by stopping the motorcycle. At that time, Natha Patha fired a shot from his revolver. Accused No.6 - Bakul Gagji gave a dharia blow on the middle portion of head and so also accused No.12 - Kanu Ratu Ratna gave a dharia blow on the ear of Bhojabhai Vastabhai. After that, other Bharwards joined them and after Arjan Gagji crushed his brother's head by his tractor and they had left the scene of the offence. Thereafter, he went home and there he enquired about the accused persons and returned at the scene of offence. At that time police came. Then, investigation proceeded and FIR was lodged after going to police station.