HAMIRJI VARDHAJI SODHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of a judgment and order rendered by learned Additional Sessions Judge, Gandhidham, Kutch on 28.09.2007 in Sessions Case Nos. 3, 40 and 58 of 2006. Criminal Appeal No. 1319 of 2007 is preferred by four appellants, who were original accused Nos. 2 to 5 in the aforesaid sessions case, whereas the Criminal Appeal No. 1333 of 2007 is filed by the appellant, who was original accused No. 1 in the aforesaid sessions case. The appellants in both the appeals, who were original accused Nos. 1 to 5 came to be convicted by the learned trial Judge by the impugned judgment and order for the offences punishable under Sections 143, 144, 147, 148, 149, 120B and 302 of the Indian Penal Code ('IPC', for short). Each of them was sentenced to undergo imprisonment for life and fine of Rs. 5000/ - and in default of payment of fine, S.I for one year for the offence punishable under Section 302 of the IPC read with Section 149 of the IPC and R.I for two years and fine of Rs. 1000/ - and in default of payment of fine, S.I for three months for the offence punishable under Section 148 of the IPC, and no separate sentence came to be passed, so far as the conviction recorded under Sections 143, 144, 147 and 120B of the IPC is concerned.

(2.) THE case of the prosecution in nutshell is that the incident occurred on dated 1.10.2005, at about 8.30 a.m. in the area called Vathan Chowk, near Anganwadi in Dabhunda Village of District Kutch. Deceased Pravinsinh @ Raghubha Balvantsinh Zala was serving as field head -constable in Rapar police station. It is alleged that in connection with some another criminal case, arrest warrant was issued against the original accused Hamir Vardhaji, which came to be executed by the deceased, and accused No. 2 was confined to jail. It is further alleged that one Raghu Koli, who was allegedly close associate of original accused No. 2 Hamir Vardhaji, was murdered by some darbars, and the deceased allegedly played major role to see that those accused persons are released. It is alleged that keeping the grudge in mind, the appellants - accused persons along with original accused No. 6 Ramdevji @ Rambha Madarsinh Jadeja formed a unlawful assembly, and at the time and place of the incident, the appellants inflicted blows with dhariyas and stick on the deceased and the deceased succumbed to the injuries. Banesinh Govindsinh Jadeja lodged FIR regarding the incident in Rapar police station, which came to be registered. During the course of investigation, police recorded statements of material witnesses, weapons came to be seized. After collecting required material for the purpose of lodgment of chargesheet, chargesheet came to be filed in the Court of learned JMFC, Rapar. Since the offence was exclusively triable by the Court of sessions, the learned JMFC, Rapar committed the case to the Court of Sessions, Gandhidham, Kutch, which came to be registered as Sessions Case Nos. 3, 40 and 58 of 2006.

(3.) THE learned trial Judge framed charge against all the five appellants as well as against co -accused No. 6 Ramdevji @ Rambha Madarsinh Jadeja at Exh.24 for the offences punishable under Sections 143, 144, 147, 148, 149, 120B and 302 of the IPC, to which they did not plead guilty and claimed to be tried. Thereupon the prosecution adduced its oral and documentary evidence. After the prosecution concluded its evidence, further statements under Section 313 of the Cr.P.C. came to be recorded and all the appellants - accused denied generally all the allegations levelled against them by the prosecution and stated that they were falsely implicated in this case.