LAWS(GJH)-2009-3-229

BHARWAD RAJA POPAT Vs. STATE OF GUJARAT

Decided On March 20, 2009
BHARWAD RAJA POPAT Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE appellants - original accused have filed the present appeal challenging the judgment and order dated 17th February 2003 passed by the learned Additional Sessions Judge, Fast Track Court, Dhangadhra in Sessions Case No. 42 of 1998. By the said judgment the learned Additional Sessions Judge acquitted original accused Nos. 1, 3, 5, 8 and 10 and convicted the original accused Nos. 2, 4, 6, 7 and 9 as under:-

(2.) BRIEFLY stated, the case of the prosecution is that on 8. 10. 1994 at about 9. 00 PM the first informant - Deva Moti went to offer prayers to Khodiyar Mata at Khodiyar Mata Temple, which was under construction and no idol of Mata was installed. At that time original accused No. 1 - Mepa Jiva who was present near that place objected to Deva Moti's offering prayers in the temple as he did not contribute to the construction expenses of the temple. Thereupon some exchange of abuses and words had taken place between Mepa Jiva and Deva Moti. It is further alleged that in the heat of moment accused No. 1 - Mepa Jiva inflicted one blow on the head of Deva Moti with iron-shored stick. It is further alleged that all the accused persons who are residing in the surrounding area came out from their houses with weapon. It is alleged that appellant No. 1 - Raja Popat was armed with dharia, appellant No. 2 was armed with iron-shored stick and rest of the appellants were armed with sticks. It is further the prosecution case that appellant No. 1 who was armed with dharia inflicted a blow with dharia on the head of Vela Moti and thereafter all the accused persons indiscriminately assaulted on Vela with their weapons. Deceased Vela suffered one contused lacerated wound on the head. He was removed to Halvad Government hospital where the doctor gave preliminary treatment. Thereafter, he was removed to Surendranagar Government Hospital where deceased - Vela Moti was pronounced dead.

(3.) THE police investigated the case and submitted the charge sheet before the Judicial Magistrate First Class. The case was committed to the Court of Sessions. The accused pleaded not guilty and claimed to be tried. After completion of the trial, the learned Sessions Judge by the judgment and order convicted the appellants and imposed sentence as indicated herein above.