CHOHLA AMRABHAI TEJABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AN incident occurred on 21.4.2005 at about 13 -15 hours in Subhashnagar chowk area of Bhavnagar where it is alleged that one Vipul @ Munno Chandubhai Sarvaiya was attacked by, in all, 13 persons. Out of these 13 persons, three were juvenile and, therefore, were referred to the Juvenile Justice Board. They were (i) Pancha Bharwad, (ii) Lala Kava and (iii) Rohit Nanji. They were alleged to be armed with stick, knife and stick respectively. The following persons came to be tried by the Sessions Court, Bhavnagar in Sessions Case Nos.152 of 2005 and 215 of 2005. They are -

(2.) AS per the prosecution case, the incident was witnessed by Harshaben (Exh.77) who is mother's sister of the deceased and witnesses Laljibhai (Exh.86) and Pareshbhai (Exh.87). FIR was lodged by Harshaben and, according to her, while she was going to see her sister along with the deceased, the appellants along with the acquitted accused and the juvenile offenders attacked the deceased. They were all armed with deadly weapons like sword, knife, gupti, koyto, sickle and sticks. They collectively attacked the deceased and the deceased succumbed to the injuries. He was taken to the hospital by the complainant and others, where he was declared dead. On the basis of the FIR lodged by Harshaben (PW -27), offence was registered and investigated by 'B' Division Police Station, Bhavnagar. After investigation, the investigating agency having found sufficient material connecting the accused persons filed a charge -sheet in the Court of CJM, Bhavnagar who, in turn, committed the case to the Court of Sessions and additional charge -sheet was filed, as some of the accused were absconding, and that is how two Sessions cases, namely, Sessions Case No.152 of 2005 and 215 of 2005 came to be registered. Charge was framed against the accused persons at Exh.18 to which they pleaded not guilty and claimed to be tried. At the end of the trial, the trial Court gave the verdict, as stated hereinabove.

(3.) HEARD learned advocate Mr Soni for the appellants and learned APP Mr Maulik Nanavati for the respondent -State.