LILGAR KAMJIBHAI PARGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A trial i. e. Sessions Case was conducted in all following 08 accused for the offences punishable under Sections 143, 147, 148, 447, 302, 326, 323, 504 read with Section 149 alternatively read with Section 34 of the Indian Penal Code.

(2.) AS per the brief prosecution case, an agricultural land of one Rupa Akham was situated in village Khedapa, Taluka Santrampur and Rupa Akham was father of PW-8 Maniben. Thereafter, Kadana Dam was built up and said agricultural land consisted of the said part of the dam, government offered agricultural land to Rupa Akham at village Agarwada. Rupa Akham was cultivating the land at Agarwada and thereafter he entrusted this agricultural land to original accused No. 8 Kamjibhai Dhanjibhai Pargi, years back. The stand of original accused No. 8 Kamjibhai Dhanjibhai Pargi was that the said land was sold to him by Rupa Akham and not entrusted only for cultivating. PW-8 Maniben, therefore, instituted proceedings in the Court of Mamlatar, Morwa for proper entries to be made in the revenue record. In the said revenue proceedings, ultimately, it was resolved that Maniben was the owner of the land as heir of Rupa Akham. On 19th of June, 2001, after these proceedings before Mamlatdar, PW-8 Maniben visited village Agarwada. The time of visit of Maniben at village Agarwada is in dispute by the defence, but it is certain that on 19th of June, 2001, PW-8 Maniben visited village Agarwada and had been to the said agricultural land at about 4. 00 p. m. along with her husband. Maniben noticed that accused No. 8 Kamjibhai Dhanjibhai Pargi and his two sons i. e. accused No. 6 Lilgar and accused No. 7 Lalgar were cultivating her agricultural land by tractor. Maniben prevented them and stated that not to cultivate her land. At that time, deceased in the incident Kalyanbhai Dalabhai Pargi and injured complainant Jivabhai Dalabhai Pargi and other family members of these two persons were present near one hand pump situated near the field in dispute and the house of these persons also situated near this hand pump. As per the prosecution case, at the instance of Maniben, Kalyanbhai was assisting her in the proceedings, which were instituted by Maniben before Mamlatdar Court at Morwa. This was disliked by all accused Nos. 6, 7 and 8 and on this count, the family of accused No. 6 Lilgar Kamjibhai Pargi , accused No. 7 Lalgar Kamjibhai Pargi and accused No. 8 Kamjibhai Dhanjibhai Pargi were not in speaking terms with the family members of the deceased and his brother Jivabhai Dalabhai Pargi, who is complainant in the present case. The incident occurred at 4. 30 p. m. in and out of the said disputed land at Agarwada. According to the prosecution case, PW-8 Maniben attempted to prevent original accused Nos. 6, 7 and 8 from cultivating the land and at that time accused No. 7 Lalgar after fetching an axe and speaking abuses, rushed towards the complainant Jivabhai Dalabhai and deceased Kalyanbhai Dalalbhai. Accused No. 7 Lalgar stated to deceased Kalyanbhai Dalalbhai that Kalyanbhai was giving undue assistance and cooperation to Maniben and, therefore, Maniben had filed the proceedings before Mamlatar Court, and saying so, accused No. 7 Lalgar inflicted two axe blows on the head of the deceased Kalyanbhai. Kalyanbhai had fallen on the ground. Complainant Jivabhai, brother of the deceased Kalyanbhai, noticed the incident and ran towards Kalyanbhai. At that time, accused No. 6 Lilgar Kamjibhai Pargi, who also had an axe with him, rushed towards Jivabhai complainant and inflicted one blow on the head of Jivabhai. The blow was grievous and was bleeding from the head. At that time, accused Nos. 6, 7 and 8 were shouting and, therefore, accused No. 4 Jagdishbhai Lalgar Pargi and accused No. 5 Pravinbhai Lalgar Pargi both sons of accused No. 7 Lalgar Kamjibhai Pargi, came there and inflicted stick blows upon witness, Rughnath Hirabhai, cousin brother of the complainant. At that time witness Rughnath Hirabhai was doing agricultural work in his filed, which was adjoining to the disputed land. Accused No. 4 Jagdishbhai Lalgar Pargi and accused No. 5 Pravinbhai Lalgar Pargi and accused No. 8 Kamjibhai Dhanjibhai Pargi all the three, inflicted stick blows on the back of Rughnath Hirabhai, and at that time, accused No. 1 Ramesh Birsinh Vishwakarma, accused No. 2 Chakrabahadur Karansinh and accused No. 3 Shailesh Arshibhai Ahir came there and started pelting stones. It is the prosecution case that accused Nos. 1, 2 and 3 were residing at Gandhinagar and were called by accused Nos. 4 and 5 for this purpose only because accused Nos. 1, 2 and 3 were friend of accused Nos. 4, 5 and 6. In stone pelting, the family members of th complainant had received injuries. There was heavy commotion and accused persons ran away from the field towards their houses which were nearby. It was noticed by all of them that deceased Kalanbhai Dalabhai had died on the spot. Thereafter, Hitesh Jivabhai, son of the complainant Jivabhai, brought injured Jivabhai in Government Hospital, Morwa. After taking treatment at Morwa Government Hospital, complainant reached at Morwa Police Station and offered complaint of the incident at about 20. 30 hours. A crime was registered against all these accused and investigation was handed over to PSI Mr. Ramjibhai Rupsinh Damor PW-13. He visited the place of offence on that very night and got prepared the inquest panchnama. On next day, a panchnama of scene of offence was also prepared and sample earth as well as bloodstained earth, etc were seized from the scene of offence. Postmortem of Kalanbhai was conducted on the next day at Morwa Community Health Center by PW-2 Dr. Niraj Dhirendrabhai Parikh, examined at Exhibit-24. Investigating Officer Ramji Rupsinh Damor recorded statements of the concerned witnesses and original accused Nos. 4 to 8 were arrested on 22nd of June, 2001 and in pursuance of discovery panchnama, accused had discovered weapons used in the offence. Accused Nos. 1, 2 and 3 were arrested on 20th of June, 2001 and on 21st of June, 2001, a test identification parade was held in the presence of Executive Magistrate so far as accused Nos. 1, 2 and 3 were concerned and thereafter a charge sheet came to be filed against all the 8 accused in the court of learned Chief Judicial Magistrate at Godhra and was numbered as Criminal Case No. 2241 of 2001. This case was committed to the Court of Sessions in pursuance of Section 209 of the Criminal Procedure Code and was made over to the Trial Court.

(3.) A charge for the aforesaid offences came to be framed against all the 8 accused vide Exhibit-3 on 8th of April, 2002 and all the accused pleaded not guilty and, hence, the prosecution tendered13 witnesses in support to prove its case. PW-1 complainant injured Jivabhai Dalabhai Pargi, examined at Exhibit-19; PW-2 Dr. Niraj Dhirendrabhai Parikh, who conducted the postmortem of deceased and examined injured Jivabhai, has been examined at Exhibit-24; PW-3 Dhanabhai Kalubhai, examined at Exhibit-28, being panch of scene of offence panchnama, which is produced at Exhibit-29; PW-4 Bhurabhai Ramjibhai, examined at Exhibit-30 is panch of discovery panchnama, which is placed at Exhibit-31, by which the accused Nos. 6, 7 and 8 alleged to have discovered the weapons, Exhibit-32 is the panchnama of the arrest of accused Nos. 6, 7 and 8; PW-5 Sardarsinh Kanjibhai, has been examined at Exhibit-33, a panch of test identification panchnama and that panchnama is placed at Exhibit-34 in respect of accused Nos. 1, 2 and 3; PW-6 Rughnathbhai Hirabhai Pargi, examined at Exhibit-35, is an eye witness and he stated to have been received injuries by stick at the hands of accused Nos. 4 to 8; PW-7 Punabhai Chuniyabhai Pargi, is also an eye witness and neighbour of the disputed lands, has been examined at Exhibit-36; PW-8 Maniben Somabhai, examined at Exhibit-40, is also an eye witness, whose land was in dispute; PW-9 Somabhai Dhulabhai, is also an eye witness and husband of PW-8 Maniben and is examined at Exhibit-42; PW-10 Kanaksinh Jintubhai Pasaya, examined at Exhibit-44 is Executive Magistrate, who draw the test identification panchnama of accused Nos. 1, 2 and 3; PW-11 Laxmiben Kalyanbhai, examined at Exhibit-45, is the widow of deceased Kalyanbhai and she is an eye witness; PW-12 Hiteshkumar Jivabhai Pargi, examined at Exhibit-47, is also an eye witness and son of the complainant injured, who had taken injured to the hospital and PW-13 Ramjibhai Rupsinh Damor, examined at Exhibit-50, is Investigating Officer. Prosecution also produced on record Inquest Panchnama at Exhibit-40, Exhibit-15 panchnama by which the clothes of the deceased were seized; covering letter by which the muddamal was sent to Forensic Science Laboratory at Exhibit-16, Forensic Science Laboratory Report at Exhibit-17, Serological Report at Exhibit-18, complaint filed by Jivabhai at Exhibit-20 and xerox copy of Station Diary at Exhibit-21. Defence also produced on record some documentary evidence about attendance of Jivabhai on the day of the incident, injury certificate of Jivabhai is produced at Exhibit-25 and Exhibit-26 and postmortem note of the deceased is produced at Exhibit-27.