CHANDRAKANT MAFATLAL NADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellants against the judgment and order dated 13. 3. 2001 passed in Sessions Case No. 46 of 2000 by the learned Sessions Judge, Vadodara, whereby, learned Sessions Judge was pleased to convict the accused persons under Section 302 read with 149 of the Criminal Procedure Code and the accused were sentenced to suffer R. I. for life and fine of Rs. 200/-, in default of payment of fine, S. I. of one month is awarded. The appellants were acquitted for the offence under Section 135 of the Bombay Police Act. However, no separate sentence was passed for the offences punishable under Sections 143, 144, 147, 148, 324 of the Indian Penal Code.

(2.) IT is the case of prosecution that on the day of incident, i. e. 1. 10. 1999, at 11. 00 p. m. , all accused persons had assaulted one Rajesh Madhav with deadly weapons, i. e. sword, gupti, knife and pipe, etc. at Jambudikui Chowk, Vadia Area at Vadodara. The accused had assaulted the deceased randomly. The complainant also received the simple injury. There was a shout and complainant- Navin @ Lalo Ambalal Parmar and other witnesses had gathered there. They had witnessed the incident. Injured Rajesh Madhav was taken in auto rickshaw by the complainant and other witnesses to M. S. G. Hospital, Vadodara where he was declared dead.

(3.) IT is argued on behalf of the appellant-appellants that original accused No. 6 Ramesh Mafatbhai Nadia was holding iron pipe and had inflicted a pipe blow to deceased- Rajesh Madhav. No such injury is found on the person of deceased, which is possible with hard and blunt object. Moreover, as per the case of the prosecution, the original accused No. 8- Rajesh Natvarlal Parmar and No. 9- Dipu @ Bogus Mohanbhai Parmar had caught hold the deceased. It is impossible to believe that these two accused persons would catch hold the deceased when 7 accused persons are inflicting injury with deadly weapons. Thus, the prosecution has failed to prove the complicity of accused No. 6- Ramesh Mafatlal Nadia, No. 8- Rajesh Natvarlal Parmar and accused No. 9- Dipu @ Bogus Mohanbhai Parmar.