PRABHATSINH AGARSINH JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case No.59 of 1998, whereby the appellant -accused have been convicted for the offence under Section 302 of IPC read with Sections 147, 148 and 149 of IPC and the sentence has been imposed for life -imprisonment with the fine of Rs.1,000/ - for the offence under Section 302 read with Section 149 of IPC, the imprisonment for one year with fine of Rs.500/ - for the offence under Section 147 of IPC and imprisonment of two years with fine of Rs.500/ - for the offence under Section 148 of IPC.

(2.) AS per the prosecution case, on 4.4.1998 there was some dispute for taking sand from the river between the deceased Mahipatsinh Navalsinh Jadeja and Dilipsinh Prabhatsinh Jadeja accused No.3 and Surendrasinh alias Shailesh alias Devendrasinh Prabhatsinh Jadeja accused No.4 (hereinafter referred to as A -3 and A -4 respectively) and the deceased was threatened by the accused not to take sand from the river. On 5.4.1998 at about 9 O'clock when the complainant and Pravinbhai Navalsinh reached at the place, where the construction of cause -way bridge was going on he found that his brother Mahipatsinh Navalsinh Jadeja the deceased was being attacked by Prabhatsinh Agarsinh Jadeja accused No.1 with iron pipe, Dilipsinh Prabhatsinh Jadeja accused No.3 with the knife, Surendrasinh Prabhatsinh Jadeja accused No.4 with Dharia and Kanasinh Prabhatsinh (juvenile) with the sword and he found that accused No.3 was giving blows with the knife to the deceased and the other accused were also giving blows with the weapons, which were possessed by them and the deceased had fallen down on account of the same and that the accused thereafter had run away. The complainant also found that there were various injuries upon the body of the deceased and his intestine had also come out and the blood was flowing from such injuries. He, therefore, with the help of Ajaysinh Bachibha took the deceased in his maruti car and took to the hospital, where the doctor reported Mahipatsinh Navalsinh Jadeja had died. Therefore, the complaint was filed by him at Jamnagar 'D' Division Police Station vide C.R. No.51/98. Police investigated into the complaint and it was found that one Dilipsinh Narubha Jadeja accused No.2 was also involved in commission of offence and was present at the time of the incident. The police thereafter filed the charge -sheet against all the accused but since Kanasinh Prabhatsinh, who was juvenile, the charge -sheet was not filed against him as he was to be separately tried before appropriate Court.

(3.) THE prosecution in support of its case, examined following witnesses: -