BABU NAGAR VADHIYARA VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 5. 5. 2003 passed by the learned Additional Sessions Judge, Fast Track Court, Kutch-Bhuj , in Sessions Case No. 60 of 2000. The learned trial Judge by the aforesaid judgement convicted the accused under Sections 302/149 of the Indian Penal Code and sentenced them to life imprisonment and fine of Rs. 1000, in dafault of payment of fine, rigorous imprisonment for two months.

(2.) THE case of the prosecution as set out in the First Information Report by Chandu Vershi is that when he came to the vegetable market for selling the vegetable at about 6. 15 a. m. on 24. 5. 2000 at that time he found that deceased Dhanji also came and he was getting down from rickshaw and his son Vinod was also coming. At that time, according to the complainant in F. I. R. accused Nos. 1, 2 and 3 came out from vegetable market with knives in their hands and attacked Dhanji. All of them caused injuries. It was also alleged in the FIR that accused Nos. 4 to 6 who were selling vegetables also came there with knives and caused injury on Vinod. Since Dhanji and Vinod both were injured and bleeding profusely, the complainant Chandu and Babiben removed both of them to hospital in rickshaw. It was further averred in the complaint that on the way Vinod died in rickshaw. Dhanji was conscious. After reaching hospital Dhanji was removed to operation theatre. There he also died. On such report, investigation of the case started. This report was taken by the Investigation Officer, Shri Chauhan, at the hospital.

(3.) THE Investigation Officer in his statement has stated that at about 6. 00 a. m. on 24. 5. 2000 PSO Anopsinh who was at the outpost has informed him on telephone at his residence that at Bazaar Chhavdi a mara mari had taken place. A mobile van was sent there and the injured are also stated to have been removed to the hospital. Thereupon, the Investigating Officer reached the hospital and he recorded complaint of Chandu. The same was read over to him and got his signature on it. The same was sent with yadi to the PSO and he started the investigation. Mamlatdar and Deputy Superintendent of Police also arrived at the hospital. He requested the Mamlatdar to conduct the inquest but he was instructed to conduct the same himself. He drew the panchnama and inquest report.