CHAMPABHAI BHURABHAI AHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, has been preferred by the appellants - original accused Nos. 1 to 5, challenging the Judgment and order dated 19.10.2006, passed by the learned Additional Sessions Judge, Fast Track Court No. 5, Panchmahals at Godhra, in Sessions Case No. 97 of 2005.

(2.) THE facts of the prosecution case is that on 28.9.2004 at about 10.00 p.m. Nanjibhai Pratapbhai gave complaint to the Police Officer of Fatehpura Police Station inter -alia alleging that he had dispute with the accused regarding cultivation of Kharaba land situated near his Survey No. 40 and that the said accused persons were sowing paddy in Kharaba land on that day at about 5.00 p.m. and, therefore, his father asked the accused persons not to sow paddy. Thereupon, accused persons gave abuses and started quarreling. It is alleged in the complaint that accused No. 1 inflicted blow of iron rod on the left hand and left ear of the complainant and caused injury, accused No. 4 Shanker Bhura inflicted iron blow on the left wrist and shoulder of Nathu - brother of the complainant, accused No. 3 Ramesh Salu caused injury on the head of father of the complainant by pelting stone and, therefore, his father has fallen down and accused No. 2 - Salu Gagji pelted stone towards the complainant and, therefore, the complainant and his brother ran away. Thereafter, the complainant lodged complaint before the Police. The police registered the complaint vide CR No. I - 155/2004 against the accused for the offences punishable under Sections 337, 338, 323, 504 and 114 I.P. Code and under Section 135 of the Bombay Police Act. The police started investigation and sent the injured persons to the Hospital for medical treatment and during the treatment Pratap Kalu (father of the complainant) died on 5.9.2004 and, therefore, Section 302 I.P. Code was added in the F.I.R. It is alleged that during investigation the Investigating Officer found that Mangal Salu was also members of the assaulting party and, therefore, joined as accused No. 5 in the commission of offence and Sections 143 and 147 I.P. Code have been added in the complaint. On completion of investigation the charge -sheet was filed before the learned J.M.F.C., Santrampur. As the offence were absolutely triable by a Court of Sessions, the learned J.M.F.C., Santrampur has committed the said case to the Court of Sessions which was registered as Sessions case No. 97 of 2005.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge, Fast Track Court No. 5, Panchmahals at Godhra, has vide Judgment and order dated 19.10.2006, held the accused Nos. 1 and 4 guilty for the offence punishable Under Section 147, 148, 149, 304, 337, 338, 323, 504 and Section 135 of the Bombay Police Act and sentenced them to suffer (i) one year's R.I. and to pay fine of Rs. 1000/ - each i/d to undergo RI for one month respectively for the offence punishable Under Section 147 and 148 I.P. Code; (ii) and sentenced them to suffer five year's RI and to pay fine of Rs. 2000/ - each i/d to undergo RI for two months for the offence punishable under Section 149 read with Section 304 I.P. Code.