RAIJIBHAI DALSUKHBHAI BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of a common judgement and order passed by learned Additional Sessions Judge, Panchmahal at Godhra on 15. 9. 1999 in Sessions Case No. 224 of 1996.

(2.) BRIEFLY stated the facts of the prosecution case are that on 29. 4. 1996 the complainant Gokalbhai Terabhai Kamaliya (Bhil) lodged a complaint at Godhra Taluka Police Station in connection with the offences taken on an earlier day i. e. 28. 4. 1996 at around 9. 00 p. m. where the brother of the complainant Kantibhai, father of the complainant Terabhai Dalsukh (deceased), mother of the complainant Chaturiben, Babi Nandaben were present at their house and the present appellant Rayjibhai Dalsukhbhai Bhil who happens to be the real uncle of the complainant came at the residence of the complainant and started abusing to his mother Chaturiben and Babi Nandaben by stating that both of them are in influence of evils (Dakkar) and then started beating the family of the complainant including the complainant by stick, sword and dharia. It is the prosecution case that Rayjibhai Dalsukhbhai Bhil had inflicted sword blow on the head of the deceased and he has inflicted stick blow on the head of the complainant. Another accused Shankerbhai had inflicted dharia blow on the cheek of Kantibhai Dalsukhbhai who happens to be the brother of the complainant and due to that blow the lip of witness Kantibhai was also cut. So far as another two accused, namely Laxman Rayji and Ramesh Rayji are concerned, they were having stick in their hands and they have also inflicted injury to witness Kantibhai and the complainant Gokalbhai. In the entire incident, as per the prosecution case, both the ladies namely Chaturiben and Nandaben had not received any injury though the incident had started at their instance by the appellant.

(3.) CASE was registered at Godhra Taluka Police Station for offences punishable under Sections 302, 326, 323, 504, 34 of the IPC and under Section 135 of the Bombay Police Act.