BAKULSINH LAALSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since both these applications arise out of a common judgment and order of conviction and sentence dated 25.01.2019 passed by the learned Additional Sessions Judge, Mehsana at Visnagar in Sessions Case No.1 of 2016, the same were heard together and are decided by this common order.

(2.) By this application under section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants seek suspension of the sentence awarded by the learned Additional Sessions Judge, Mehsana at Visnagar in Sessions Case No.1 of 2016, whereby together with the original accused No.1 and 4, the applicants (original accused No.2, 5 and 7 and original accused No.3 and 6) have been convicted for the offences under sections 147 and 148 of the Indian Penal Code as well as section 302 read with section 149 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.5,000/- each for the offence under section 302 read with section 149, IPC; two years simple imprisonment for the offence under section 148, IPC and fine of Rs.500/- each and one year simple imprisonment for the offence under section 147, IPC and fine of Rs.500/- each.

(3.) Mr. S. V. Raju, Senior Advocate, learned counsel with Ms. Samta Godiwala, learned advocate for the applicants invited the attention of the court to the testimonies of the witnesses and the evidence on record. It was submitted that insofar as deceased Nathusinh Dansinh is concerned, he has sustained only one injury which is caused by accused No.1 - Chauhan Lalsinh Mansinh and accused No.4 - Chauhan Ramsinh Kalusinh and that from the record, it is established that the deceased died twenty-one days after the incident. It was submitted that none of the applicants herein are found to have inflicted any blow on the deceased and the trial court has not believed the allegation regarding injuries inflicted on any of the other injured eye witnesses and has acquitted them of the offences under sections 307, 323, 324, 325, 326, 504 and 506(2) of the Indian Penal Code and section 135 of the Gujarat Police Act. It was submitted that thus, it has not been established that any injury has been caused to any person other than the deceased, and that in case of the deceased, it is the accused No.1 and 4 who are alleged to have inflicted blows. It was submitted that the applicants could not have been convicted for the offences under sections 147, 148 and 149 of the Indian Penal Code as there was a free fight which was not backed by any motive or intention.