MAHESHBHAI RAMABHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the appeals are directed against the Judgement and the order passed by the learned Sessions Judge in Sessions Case No. 27/03, whereby the learned Sessions Judge has convicted the appellants-accused for the offences under Sections 120 (B) and 143, 147, 148 and 365 read with Section 149 and 367 read with 342 read with 149 and 302 of IPC and has imposed the sentence of 1 month with the fine of Rs. 100/- for the offence under Section 143 of IPC, sentence of 3 months imprisonment with the fine of Rs. 300/- for the offence under Section 147 of the IPC, sentence of 6 months imprisonment with the fine of Rs. 500/- for the offence under Section 148 of IPC, sentence of 1 year with the fine of Rs. 500/- for the offence under Section 365 read with Section 149 of the IPC, sentence of 2 years imprisonment with the fine of Rs. 500/- for the offence under Section 367 read with Section 149 of the IPC, sentence of 3 months imprisonment with the fine of Rs. 300/- for the offence under Section 342 read with Section 149 of the IPC and life imprisonment with the fine of Rs. 500/- for the offence under Section 302 read with Section 149 of IPC and the sentence of life imprisonment with the fine of Rs. 500/- for the offence under Section 120b of IPC and all the sentence to be undergone simultaneously and the fine to be paid separately.

(2.) As per the prosecution case, on 24. 10. 2000, the Vardhi was received at Raopura Police Station from the SSG Hospital through Mr. Ramesh Varjubhai, Buckle No. 1897 that one Raju Himmatbhai Chauhan (hereinafter referred to as 'the deceased/victim') was hit by one matador bearing No. GJ-7u-1902 and therefore, the victim received injuries on both the legs and therefore, he was brought for treatment to SSG Hospital by Mahesh Ramabhai Baria (A-1) and Pravin@ramesh Vitthalbhai Rathod (A-2) and he was serious. The Vardhi thereafter was forwarded to Women Head Constable Madhuben Devjibhai of Halol Police Station. Based on the said report, C. R. No. 423/00 was registered with Halol Police Station for the offences under Section 279 and 337 of IPC and for the offence under Section 177, 184 and 134 of the Motor Vehicles Act. Thereafter, since as per the information of the Doctor, the patient-victim was in a conscious condition, and he was in a position to give statement, his dying declaration was recorded wherein he stated that he was abducted by the accused from Omelet Lorry located at Bhutdi Japa bus stand in Matador No. 1902 and four persons viz. Ramesh, Mahesh, Lalo and Rango had abducted him and thereafter, at Halol, about 15-17 persons had beaten him for 2 days and thereafter, the persons of Bhailalbhai had left him to SSG Hospital by giving threat and therefore, he was admitted to the hospital and he had sustained fractures on both the legs due to the injury caused to him with the sticks. Therefore, as the case was not of accident, but was of abduction and for causing grievous hurt, the case was registered for offences under Sections 147 and 148, 149, 120 (B), 365 and 325 of IPC and was transferred to City Police Station, Vadodara, who in turn registered the offence vide C. R. No. 341/00. The investigation pursuant to the said complaint was made. The panchnama and the statements were recorded and thereafter, the charge-sheet was filed against 5 accused by the prosecution viz. (1) Maheshbhai Ramabhai Baria (A-1), (2) Pravinbhai @ Rameshbhai Vitthalbhai (A-2), (3) Rangit @ Ranga Kanubhai Chauhan (A-3), (4) Lalabhai Ambalal Panchal (A-4), and (5) Bhailalbhai Babubhai Chauhan.

(3.) The learned Sessions Judge thereafter framed the charge. The prosecution examined various witnesses (to the extent found relevant shall be referred to hereinafter ). The prosecution also produced various documentary evidence (to the extent found relevant shall be referred to hereinafter ). The learned Sessions Judge, thereafter, recorded the statement of the appellant accused under Section 313 of CRPC and in the further statement, accused denied the evidence against him and stated that false case is filed against them. The learned Sessions Judge thereafter, heard the prosecution and the defence and ultimately, found that the prosecution has been able to prove the case against all the accused for the offences charged against them. The learned Sessions Judge thereafter, also heard the prosecution as well as the defence on the aspects of sentence and ultimately, has imposed the sentence as referred to hereinabove. Under these circumstances, the present appeal before this Court.