BHAGABHAI WAGHA BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants " original accused have filed the present appeal challenging the judgment and order dated 18th October 2002 passed by the learned Sessions Judge, Rajkot in Sessions Case No. 252 of 1999 and 77 of 2000. By the said common judgment the learned Sessions Judge convicted the appellants of Criminal Appeal No. 1084 of 2002 (original accused Nos. 1, 2, 3, 9, 10, 14 and 15) as under:-

(2.) CRIMINAL Appeal No. 1084 of 2002 is filed by seven accused persons namely, original accused Nos. 1, 2, 3, 9, 10, 14 and 15 out of which three accused persons viz. Accused Nos. 1, 2 and 7 are absconding. The learned counsel for the appellants states that he has instructions to appear for them and therefore we proceeded with the hearing.

(3.) THE case of the prosecution is that PW No. 1 " Manubhai Dahyabai and PW No. 3 " Ashokbhai Khodabhai had gone to Botad from their village Ankadia in chakdo (auto-rickshaw) carrying vegetables. After unloading the vegetables in Botad they returned to their village Ankadia along with some passengers on 31st July 1999 and when they reached the outskirts of their village at 1 AM they saw a goods rickshaw parked horizontally on the road by a mob of 20-25 persons belonging to their village. Those persons were duly armed with pipes, dhariya, spear and axe. It is further the case of the prosecution that when they reached the said area Manubhai Dahyabai and PW No. 3 " Ashokbhai Khodabhai were attacked by the accused persons. Accused No. 3 " Raja Dahyabhai inflictured injury on the right hand of Manubhai Dahyabhai by farshi (battle axe) and also caused head injury on Ashok Khodabhai by farshi, Accused No. 1 " Bhaga Vaghbhai inflicted injury by dhariya on the occipital region of Manubhai Dahyabhai, Accused No. 2 " Velabhai Vaghabhai inflicted injury on the right leg of Manubhai Dahyabhai by stick. It is further the case of the prosecution that the accused persons were demanding as to where is Bavkubhai Raningbhai and they replied that he is coming after some time. Thereafter, another goods rickshaw came to the scene of offence, which was driven by deceased Bavkubhai. The accused persons intercepted the said vehicle and accused Nos. 1, 2, 3, 10, 16, 17 and 23 caused several injuries to deceased Bavkubhai by axe, dhariya, farshi, etc. and left the place of incident. PW No. 1 Manubhai and deceased Bavkubhai were removed to Sonavala Hospital, Botad where during the course of treatment deceased Bavkubhai succumbed to the injuries. The Investigating Officer after conducting the investigation submitted the report under Section173 of the Criminal Procedure Code for the offence punishable under Sections 147, 148, 302, 307, 326 read with Section 149 and 120b of the Indian Penal Code. The learned Judicial Magistrate First Class, Jasdan committed the case to the Court of Sessions as the case is exclusively triable by court of Sessions. The learned Sessions Judge framed the Charge vide Exhibit 1. All the accused pleaded not guilty and claimed to be tried. Therefore, the learned Sessions Judge vide impugned judgment and order convicted the appellants accused as indicated herein above.