PRAVINBHAI BUDHABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by learned Additional Sessions Judge, 2nd Fast Track Court, Bhavnagar on 24. 12. 2003 in Sessions Case No. 67 of 2002 whereby the three appellants, who were original accused in the aforesaid case, came to be convicted for the offence punishable under Section 302 read with Section 34 of Indian Penal Code ('ipc', for short) and Section 135 of the Bombay Police Act and each of them was sentenced to undergo imprisonment for life and fine of Rs. 500/- and in default of payment of fine, S. I for six days for the offence punishable under Section 302 r/w. Section 34 of the IPC and S. I for four months and fine of Rs. 100/- and in default of payment of fine, S. I for seven days for the offence punishable under Section 135 of the Bombay Police Act.

(2.) HOWEVER, it is submitted by both the sides that the appellant accused No. 1 Pravinbhai Budhabhai Koli died pending this appeal. Therefore, the appeal qua the appellant accused No. 1 Pravinbhai Budhabhai Koli stands abated and the appeal survives qua the appellant original accused No. 2 Chandu @ Jambu @ Ramjibhai Dinabhai Koli and appellant original accused No. 2 Kishor @ Popatbhai Veljibhai Koli.

(3.) THE prosecution case in nutshell is that the incident occurred on dated 16. 10. 2001 at about 19. 15 hours in the area called Fisherman's colony, Mafatnagar, near Triveni Rolling Mill, situated in the city of Bhavnagar. It is alleged that on the day of the incident, at about 2 pm, there was some altercation between deceased appellant Pravinbhai and the first informant Pankaj Shantibhai and witness Mahesh @ Ravi regarding a case under the Bombay Prohibition Act. When the first informant Pankaj and witness Mahesh @ Ravi during evening hours, informed deceased Amubhai Chanabhai regarding the incident which had taken place during the noon, it was decided that they should go and meet deceased appellant Pravinbhai to sort out the problem. Thereupon it is alleged that deceased Amubhai Chanabhai along with first informant Pankaj Shantibhai and witness Bharat Babulal went towards the house of the deceased appellant Pravinbhai Budhabhai. When they were about to reach near the house of Pravinbhai Budhabhai, they found deceased appellant No. 1 Pravinbhai Budhabhai, appellant No. 2 Chandu @ Jambu @ Ramjibhai Dineshbhai Koli and appellant No. 3 Kishor @ Popatbhai Veljibhai Koli standing near a handcart armed with chisel, sword and knife respectively and initially the deceased appellant No. 1 Pravinbhai inflicted blow with chisel on the neck and head of deceased Amubhai, Amubhai fell on the ground and thereupon all the three appellants inflicted indiscriminate blows on the body of deceased Amubhai with their respective weapons chisel, sword and knife. Thereafter, first informant PW-12 Pankaj Shantibhai and Bharat PW-14, went to inform PW-13 Mahesh @ Ravi, the brother of deceased Amubhai, and then first informant PW-12 Pankaj and PW-13 Mahesh @ Ravi went to Valkalgate police chowki and then they went to inform their maternal uncle, named, Hakamama. Along with Hakamama, they came to the place of the incident and found Amubhai dead. The dead-body of Amubhai was brought to hospital and there first informant Pankaj lodged the first information report, Exh. 49.