ASHOKBHAI PRABHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT Criminal Appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973, against the judgment and order dated 27th of January, 2009, rendered by Additional Sessions Judge, 4th Fast Track Court, Navsari, in Sessions Case No. 88 Of 1997. All the appellants, being accused, came to be convicted for the offences punishable under Sections 143, 144, 148, 147, 149 and 302 of the Indian Penal Code. While accused No. 1 Ashokbhai Prabhubhai as well as accused No. 2 Hemantbhai Dahyabhai were also convicted for the offence punishable under Section 342 of the Indian Penal Code.

(2.) ALL the appellants came to be convicted for the offence punishable under Section 302 to read with Section 149 of the Indian Penal Code and each of the appellants sentenced to undergo imprisonment of life and to pay fine of Rs. 1,000/-, in default, to undergo simple imprisonment of one month. Each of the appellants accused was convicted for the offence punishable under Section 143 of the Indian Penal Code and has been sentenced to undergo imprisonment of six months, imprisonment of two years for the offence punishable under Section 144 of the Indian Penal Code; three years rigorous imprisonment for the offence punishable under Section 148 of the Indian Penal Code and two years imprisonment for the offence punishable under Section 147 of the Indian Penal Code. It was directed that all the sentences of imprisonment to run concurrently and that each of the accused is entitled to set off for the period which each of the appellants accused might have undergone during the trial. All the accused came to be acquitted for the offence punishable under Section 135 of the Bombay Police Act. Hence, the present Appeal by the appellants against their conviction and sentences imposed upon them by the Trial Court, as afore-stated.

(3.) BRIEF facts of the prosecution case reveals that the incident occurred on 24th of Mary, 1997 at village Goindie. Accused No. 5 - Lallubhai Govanbhai @ Govindbhai had put on a nail on the road at about 6. 00 p. m. Lallubhai had extracted that nail from the road. Deceased in this case Prakashbhai had been to accused No. 5 - Lallubhai at about 8. 00 p. m. and had a quarrel and exchange of words between them in respect of putting nail on road. At that time, it is the case of the prosecution that, one Ramanbhai Ravjibhai, who was apprehended by police, was staying nearby the house of the deceased and police had taken Ramanbhai Ravjibhai at Billimora. It is the prosecution case that PW-8 Alpeshbhai Zinabhai, PW-11 Mukeshbhai Khandubhai Patel, PW-12 Kiranbhai Khandubhai Patel and PW-13 Dineshkumar Somabhai Patel, accompanying with the deceased Prakashbhai started to go to Billimora Police Station to get Ramanbhai released from the police. While they were proceeding to Billimora, near the village, on way to Billimora, beside one pond of the village, quarrel ensued with Prakashbhai at one side and the accused. All the persons along with the deceased were on motorcycles, Prakashbhai deceased was on his motorcycle while on other motorcycle, Alpeshbhai and Mukeshbhai were riding and on one more motorcycle Kiranbhai and Dineshkumar were riding. Accused No. 1 Ashokbhai Prabhubhai had a knife with him, accused No. 4 Dipakbhai Prabhubhai had an iron rod with him and remaining accused had no weapons. Lallubhai Govindbhai accused No. 5 accosted the deceased in the quarrel and stated that if there be no nail on the road, then the deceased would also not live. Saying this, accused No. 5 Lallubhai Govindbhai started beating the deceased with fists. At that time, accused No. 2 Hemantbhai Dahyabhai and accused No. 3 Kalidas Chhotubhai, both had caught hold of the deceased, and at that time, accused No. 1 Ashokbhai Prabhubhai inflicted two knife blows on the head of the deceased. Accused No. 4 came from behind and inflicted two blows of iron rod on the head of the deceased. Deceased Prakashbhai got down and fallen from the motorcycle and all the accused ran away from there. The deceased was taken to Mengusi Hospital at Billimora and thereafter he was taken to Government Hospital at Navsari. The quarrel occurred at about 10. 00 p. m. According to prosecution case, after the incident accused came to their village. It is the prosecution case that PW-5 Nareshbhai Kikabhai Patel after getting Ramanbhai released from police, he and PW-14 Ramanbhai Ravjibhai Patel were coming to village, and on way the house of the accused No. 1 was situated and near that house, accused No. 1 Ashokbhai Prabhubhai, accused No. 2 Hemantbhai Dahyabhai threatened both of them and wrongfully confined Nareshbhai in the house. Ramanbhai was escaped from that place and came to his house. Hemalataben, wife of Nareshbhai Patel, came to know about this and when she reached at the house of Ashokbhai accused No. 1, she was also confined by accused Nos. 1 and 4 and they were rescued, according to the prosecution case, by Billimora Police. Ultimately, Prakashbhai died at about 13. 00 hours on the next day at Navsari Hospital. The complaint of the incident came to be filed by Alkaben Prakashbhai, wife of the deceased, at her residence, before Police Sub-Inspector, Billimora Police Station, at about 5. 15 a. m. on 25th of March, 1997. Complaint is on record at Exhibit-30.