VIJAYBHAI MAGANBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal stems out of the judgment and order dated 18.12.2014 passed by the 6th Additional Sessions Judge, Panchmahals at Godhra (hereinafter referred to as 'the Sessions Court') in Sessions Case No. 103 of 2014, whereby the appellants (original accused) have been convicted for the offence under Section 302 read with 114 of the Indian Penal Code and Section 506(2) read with 114 of the Indian Penal Code, and have been sentenced to undergo life imprisonment and pay fine of Rs. 2,000/-, in default thereof to undergo simple imprisonment for 10 days for the offence under Section 302 read with Section 114, and sentenced to undergo simple imprisonment for a period of three years for the offence under Section 506(2) read with 114 of IPC.

(2.) The case of the prosecution in nutshell was that some disputes with regard to cultivation of land of one Amarsinh were going on between the deceased Kanubhai Sanabhai Rathod, the husband of complainant Sangitaben Kanubhai Rathod and the accused Vijaysinh Magansinh Rathod. On the date of incident i.e. on 17.03.2014 at about 16:30 hours, all the three accused i.e. Vijaysinh Magansinh, Nayanbhai Bharatbhai, Dilipbhai Koyabhai came to the house of the complainant and started abusing her husband Kanubhai. At that time, the said Kanubhai started running towards the house of Naginbhai and all the three accused chased him and caught him. Thereafter all of them started beating him. According to the complainant, the accused Vijaysinh had beaten Kanubhai with iron rod on the rear portion of his head, the accused Nayanbhai gave stick blow on his back, and the accused Dilipbhai injured Kanubhai by giving blow with bill-hook (dharia) on his left hand. The said Kanubhai thereafter was taken to the Halol Hospital and after preliminary treatment, he was referred to S.S.G. Hospital, Vadodara, however, he expired on the way at about 21:00 hours. He therefore was brought back to the Referral Hospital, Halol. The complainant Sangitaben along with her brother-in-law Naginbhai, sister-in-law Harkhaben and another sister-in-law Shakuntalaben went to the Halol Police Station, where she lodged the complaint against all the three accused, which was registered as I-C.R. No. 32 of 2014 for the offence under Section 302, 504, 506 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act. The Investigating Officer PSI Dharmendrasinh Chadva had carried out the investigation and after collecting sufficient evidence against all the three accused, had submitted the chargesheet in the Court of Additional Chief Judicial Magistrate, Halol, which was registered as Criminal Case No. 1336/2014. The said case being triable by the Court of Sessions, it was committed to the Sessions Court at Godhra under Section 209 of Cr.P.C., where it was registered as Sessions Case No. 103 of 2014.

(3.) All the appellants - accused having denied the charges levelled against them, the prosecution had laid oral as well as documentary evidence to prove the said charges. The Sessions Court after appreciating the said evidence, convicted and sentenced all the three accused as stated hereinabove.