PATEL MAGANBHAI NARSINHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals are filed against the judgement and order passed by the learned Additional Sessions Judge, Fast Track Court, Dhangdhra on 16.4.2004 in Sessions Case No. 115 of 1998.

(2.) BRIEFLY stated the facts of the prosecution case are that the incident in question took place on 16.5.1997 near the village gate of Nava Devaliya. The accused persons are residents of Juna Devaliya. In between two villages there is a small river and people of both the villages have their normal visits to each villages. On the date of the incident i.e. 16.5.1997 at about 9.00 a.m. some minor quarrel took place in which motorcycle of one Patel Ishwarlal Ratilal dashed with Harubha Pathubha. At that time Harubha told Ishwar Ratilal to drive the motorcycle properly. Some verbal altercation took place at that time and thereupon Harubha slapped Ishwar Ratilal. Thereafter, Ishwar Ratilal went to his village.

(3.) IT is the prosecution case that at about 11.00 a.m. the first informant Sukhdevsinh Devubha and Anopsinh Jorubha (deceased) were standing near the village gate when all the accused persons including Mavji Narsinh who expired during the trial, came at village gate of Nava Devaliya duly armed with weapons. As alleged they started abusing, at that time Anopsinh told that nothing of this sort had happened. It was a dispute amongst children. At that time it is stated that accused No. 13 Chandu Narsinh inflicted dharia blow on Anopsinh. The first informant Sukhdevsinh intervened and thereupon accused No. 11 Karshan Shiva inflicted a dharia blow by blunt side on the head of Sukhdevsinh. Accused No. 7 - Mitesh Mavji inflicted pipe blow on the shoulder and hand of Sukhdevsinh.