SHANTILAL KURJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed by the appellants against the judgement and order dated 22. 3. 2000 passed by the learned Additional Sessions Judge, Junagadh, in Sessions Case No. 56 of 1996 whereby the trial Court has convicted the appellants and sentenced for life imprisonment with fine of Rs. 1000/-, in default, simple imprisonment for thirty days.

(2.) BRIEFLY stated the prosecution case is that on 31. 1. 1996 one Kantilal Laxmidas has filed a complaint Exh. 29 inter alia alleging that on the date of incident at about 9. 00 a. m. the father of the complainant went by taking his bullock cart to his agricultural farm. At that time, the uncle of the complainant Madhavjibhai Ramji and five others have come there at the wadi with weapons like axe, spear, pipe etc. They have come there to collect cotton crop. It is alleged that upon refusing to do so by the father of the complainant, all the six persons got excited and have started beating his father. It is alleged that Shantilal Kurjibhai (A1) has caused injury on the head of his father with axe and he received the bleeding injury, Madhavji Ramji (A5) has hit the left leg of his father by stick with iron ring on the left leg below knee, Kanulal Kurji (A2) has caused injury by spear on the right leg and then it is generally alleged that Mansukh Popat (A6), Laxmidas Karsan (A3) and Raju Madhavji (A4) have beaten him with stick an fist and kick blows. Complainant alleged that thereafter he went there to release his father and the accused persons have gone away. Thereafter, his father was taken to the village in his bullock cart and then took him to Junagadh Govt. Hospital in a taxi car and got him admitted. He stated that the complaint was given when the police came there. He stated that his father was unconscious and the complainant claim to be the eye witness of the incident.

(3.) THE cause of the incident is stated to be the land dispute between the parties and an interim stay granted by the Court in favour of the complainant side and still the accused persons have come there to collect cotton crop and upon complainant's father refusing, the incident has occurred.