KALIYABHAI BAHADURBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS all the appeals preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973 (the Code for short) arise out of judgment and order dated 25. 07. 2003 passed by the learned Joint district Judge and Additional Sessions judge, F. T. C. No. 1, Bharuch in Sessions case No. 85 of 2002 convicting the appellants for the offence punishable under section 147 of IPC for a period of one years' R. I. , under Section 148 of IPC for two years' R. I. and under Section 302 read with Section 149 R. I. for life and fine of rs. 1,000/-, in default, S. I. for two months, they are heard together and disposed of by this common judgment.

(2.) THE short facts giving rise to the present appeals are as under :-

(3.) THE complainant and other witnesses, proceeding on horse in the sim of village old Diva on 02. 03. 2002 at about 5 O'clock in the evening, had a quarrel with the appellants with regard to plucking of pulses from the field of one witness Isab Ismaile badabhai. The quarrel ensued between the appellants and complainant as well as other witnesses. The appellants, who were armed with deadly weapons like axe, sticks etc. , assaulted Ibrahim Mohammad Gangat and other persons, who were standing nearby and caused serious injuries to them. The complaint was given by Ahmad Yusufbhai to the Ankleshwar Police Station on 02. 03. 2002. In pursuance of the complaint filed by Ahmedbhai, investigation was set in motion. Investigating Officer registered the offence against the appellants and visited the place of incident and prepared panchnama of the place of incident in the presence of panch-witnesses. Panchnama of the person of accused was also prepared by the investigating officer. The deceased was sent to the hospital and the inquest panchnama was prepared. Panchnama of the clothes put on by the deceased was prepared in presence of the panch witnesses. P. M. was carried out on the dead body of Ibrahim Mohammad. Muddamal recovered was sent to F. S. L. for the purpose of detailed analysis and the appellants were arrested during the course of investigation. On receipt of F. S. L. report and P. M. report etc. , the appellants were produced before the learned Judicial Magistrate First Class, ankleshwar, who, in turn, committed the case to the Sessions Court under Section 209 of the Code as the case was exclusively triable by the Sessions Court. The charge against the appellants was framed by the learned Judge vide Exh. 6 for the offence punishable under Sections 147,148, 149 and section 302 of IPC as well as under Section 135 of the Bombay Police Act on 07. 12. 2002. The appellants pleaded not guilty to the charge levelled against them. Therefore, the matter was set down for full-fledged trial before the learned Sessions Judge.