ABHEYSINH DAHARIYA RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants accused have preferred this appeal under sec. 374 of Crpc, against the judgment and order of conviction and sentence dated 13. 12. 2005 passed by the learned Addl. Sessions Judge, 10th FTC, Godhra, Dist. Panchmahals, in Sessions Case No. 6/2005, whereby, the learned Trial Judge has convicted the appellants under secs. 143, 147, 148, 149, 504, 323, 325, 337, 114 of IPC and under sec. 135 of Bombay Police Act and sentenced them to undergo R/i for two years and for offence under sec. 307 of IPC sentenced them to undergo R/i for 10 years and a fine of Rs. 2000/-, in default, to undergo R/i for three months. They were also convicted for the offence under sec. 304-II of IPC and sentenced them to undergo R/i for 10 years.

(2.) THE brief facts of the present case are as under:

(3.) AS per the case of the prosecution, the complainant along with his brother Narvatbhai and his brother-in-law Dipsinh Shankarbhai Bariya, at about 1. 30pm in the noon, had gone to Garmotiya village in search of labourers. They were going through the field which is disputed and for that a civil suit was pending between him and Dahariya Dhulsinh Rathva in Bariya Court. At about 2. 00pm when they were in the disputed field, Abhesinh Dahariya Rathva who was armed with stick and "tir-Kamtha", on seeing them, has attacked with Tir-Kamtha. Therefore, complainant and others have started shouting and on hearing shouts, Dipla Kunvarsinh armed with Steel Plate, Nansinh Harsing rathva armed with stick, Nansinh Harsinh Rathva armed with stick, Fatesinh Khopar Rathva armed with stick, Apsinh Khopar armed with stick and Dahariya Dhulsinh Rathva armed with stick, came there and started beating the complainant, his brother and his brother-in-law. Complainant's brother Narvatsinh was assaulted with stick by Nansinh Harsing rathva, Amesinh Dahariya Rathva and Dahariya Dhulsinh Rathva. When complainant's brother fell down on the ground, Diplakunvar Rathva had given two blows of steel plate on the head of complainant's brother and Khopar Rathva had given four stick blows on the complainant and some one had pelted stone on the complainant, due to which, his four teeth came out and also some one had pelted stone which had caused injury on head due to which he fell down on the ground and became unconscious. When he became conscious, his brother-in-law had given him support and he was made to sit, whereas, his brother-in-law had also received injuries on the left leg and complainant's brother was lying there. The complainant and his brother-in-law came on road and while coming to the road, complainant's father met them and they told him that Narvat is injured and lying in the disputed field. Thereafter, complainant and his brother-in-law had gone to the hospital where they were admitted for treatment and complainant's brother Narvat had died. That as per the case of the prosecution, the cause for the quarrel was with regard to a civil suit pending in the Bariya Court.