SINGHA MAGAN GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the judgment and order delivered by the learned Additional Sessions Judge of Surat in Sessions case No. 169 of 1989 on 6/02/1991, recording conviction under Section 302 read with Sections 147, 148, 149 and 452 of the Indian Penal Code in respect of the present appellants. All the appellants are ordered to undergo rigorous imprisonment for life and each of them to pay a fine of Rs. 250.00 or to undergo further imprisonment for one month in case of default in payment of fine, for the offence punishable under Section 302 read with Section 149. The appellants are also sentenced to undergo rigorous imprisonment for one year for the offences punishable under Sections 147, 148 and 452 of the Indian Penal Code and are imposed a fine of Rs. 125 each or to undergo further imprisonment for one month in case of default in payment of fine. The sentences are to run concurrently.

(2.) The facts giving rise to the incident are that accused No. 1 appellant, Singha Magan Gamit is a resident of village Singpur of Songadh taluka of Surat district. On the date of incident, i.e. on 6/07/1989, he went near the house of one Lalabhai Naranbhai where Lalabhai's son and he (accused No. 1) had some altercation. Deceased-Lallubhai Naranbhai and his brother Kantibhai came there and Lallubhai asked accused No. 1 to go away from the street and not to bother the son of Lalabhai. Accused No. 1, therefore, went away at that point of time.

(3.) On that very day, later in the evening, Kantibhai, brother of deceased-Lallubhai noticed that accused No. 1 accompanied by a group of persons passed by his house and was heading towards the house of deceased-Lallubhai. Kantibhai, therefore, apprehended some altercation or quarrel between this group of persons and deceased-Lallubhai because of the earlier incident that had occurred in the evening. He, therefore, came out of his house along with his wife and hid himself behind Navania (a bathing place outside the house). At that time, complainant-Thakorebhai, who also happens to be brother of the deceased and stays in the vicinity, was sitting near the heap of peanuts, which were recently cultivated. The accused persons went to the house of the deceased-Lallubhai and dragged him out of the house and assaulted him. Accused No. 1 Singha Magan was equipped with a knife, accused No. 3 Dina Afiniya was equipped with Dharia, accused No. 6 Digniya Rama and accused No. 9 Jayanti Bhenkara were equipped with sticks and accused No. 7 was equipped with a Parai, there were four other persons with them who were not equipped with weapons but who, according to the prosecution case, were with them and instigating the armed persons. They also gave kick and fist blows to the deceased. The deceased-Lallubhai Naranbhai was badly beaten by these persons, as a result of which, he collapsed on the ground and the group of assailants, thereafter, went away. When the deceased was dragged out of the house, his wife Shantiben and his son Ajit were in the house and they came out of the house and they also witnessed the incident. After the assailants left, Thakorbhai and Kantibhai who were witnessing the incident went to the spot, shifted Lallubhai into the house and then tried to arrange for a vehicle for taking Lallubhai to the hospital. According to the prosecution, as no vehicle was available in the village, they had to go to Ukai to fetch a vehicle. They had to go on foot to Ukai, which is at a distance of about 10 kms. When they came back with the vehicle, they noticed that Lallubhai had expired and, therefore, ultimately, Thakorebhai went to Ukai Police Station and lodged the F.I.R. The offence was registered and the investigation was initiated by the police. The investigating agency having found that there was sufficient evidence against the 9 assailants including the present five appellants filed charge sheet against all of them in the Court of learned Judicial Magistrate, (First Class), at Vyara. As the offence was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, at Surat. The Sessions Judge, in turn, transferred the matter to Court of learned Additional Sessions Judge and the trial against the accused persons was conducted by framing a charge at Ex. 2 against all nine of them. All the accused persons pleaded not guilty and expressed their desire to face the trial.