STATE OF GUJARAT Vs. AJIT @ LALO UDESING PATANVADIYA

JUDGEMENT

(1.) By way of this appeal, filed under section 378 of the Criminal Procedure Code, 1973 (hereinafter referred to as the "Code"), the appellant - State has challenged the judgment and order of 6th Additional Sessions Judge, Vadodara (for short the "trial court"), dated 14.10.2014 rendered in Sessions Case No.177 of 2010. The accused nos.1, 2 and 6 have challenged their conviction. However, the accused no.1 has expired and hence, the appeal qua him is abated.

(2.) A complaint came to be lodged by PW-1 Markandbhai @ Tejor Fatehsing Patanvadiya, at Padra Police Station, District Vadodara, inter alia, stating that while he and his cousin - Manubhai Balubhai Patanvadiya at around 8 O'clock were going from Kobla to Vanchhara at that time, on their way, they met Ganpat Sursang, who was sitting with his wife in the field Manubhai as well as he also sat with them and were discussing about bajra. After sometime, - (1) Ajit Udaysang; (2) Ranjit Udaysang; (3) Balwant; (4) Mukesh Balwant; (5) Mukesh Jashu; (6) Mahesh Parsottam; (7) Tino Parsottam etc. residents of Ratanpur Nedra Mukailpura, Taluka Padra all of them, carrying sticks in their hands, ran towards them and told them "why they were sitting". Without listening to them, they assaulted Manubhai Ganpatbhai and Champa with sticks, due to which he went almost unconscious. Thereafter, they attacked Manubhai Balubhai with sticks on his whole body. After beating Champa and Ganapatbhai, they ran away, at that time, when he was lying half dead, Hasmukh Prajapati - brother of Manubhai Kanubhai Balubhai came with a rickshaw on the field; he along with Manubhai were taken in the rickshaw to Kobla bus stand; 108 ambulance was called, and they were taken to Amod Government Dispensary. Thereafter, in 108 ambulance he was taken to Vadodara, SSG Hospital where he regained consciousness, after undergoing treatment. At that time, Jagdishbhai Khumansinh Patanvadiya, who came along with him to the dispensary informed him that Manubhai Balubhai Patanvadiya has passed away at Amod dispensary. He was also injured on both legs as well as on face, whereas Champa Ganpat and Ganpat Sursang were also injured by the blows inflicted with the sticks.

(3.) Upon registering the F.I.R being C.R No.I98/2010 with Padra Police Station for the offences under sections 143, 144, 147, 148, 149, 302, 323, 325 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and under section 135 of the Gujarat Police Act, 1951 (hereinafter referred to as the "G.P. Act") , the Investigating Officer has carried out the investigation and after following the due procedure of law, a charge-sheet came to be filed before the Judicial Magistrate, First Class, Vadodara. Since the case was exclusively triable by the court of Sessions, the same was committed to the Sessions Court. A charge was framed against the accused and the plea of the accused was recorded under the provision of section 228(2) of the Code. The accused pleaded not guilty to the charges and claimed to be tried.