THAKORE VITHAJI BABUJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals are directed against the judgment and order dated 6.7.2006 passed by learned Principal Sessions Judge, Mehsana in Sessions Case No.139 of 2005 whereby the appellants original accused were convicted and sentenced to undergo seven years rigorous imprisonment for the offence punishable under Section 304(1) read with Section 149 of IPC and fine of Rs.3000/-, in default, to undergo simple imprisonment for six months; to undergo simple imprisonment for three months and fine of Rs.1000/- for the offence punishable under Section 325 read with Section 149 IPC for causing injuries to witness Rabhaji Ajuji Thakor, in default, to undergo simple imprisonment for one month; to undergo simple imprisonment for one month and fine of Rs.500/- for the offence punishable under Section 323 read with Section 149 IPC for causing simple injuries to witness Samtaji Andaji Thakor, in default, to undergo simple imprisonment for ten days; to undergo simple imprisonment for one month and fine of Rs.500/- for the offence punishable under Section 323 read with Section 149 IPC for causing simple injuries to witness Ramanji Andaji Thakor, in default, to undergo simple imprisonment for ten days; to undergo simple imprisonment for one month and fine of Rs.500/- for the offence punishable under Section 323 read with Section 149 IPC for causing simple injuries to witness Somaji Ajmalji Thakor, in default, to undergo simple imprisonment for ten days; to undergo simple imprisonment for one month and fine of Rs.500/- for the offence punishable under Section 323 read with Section 149 IPC for causing simple injuries to witness Ramaji Badarji Thakor, in default, to undergo simple imprisonment for ten days; to undergo simple imprisonment for one month and fine of Rs.500/- for the offence punishable under Section 323 read with Section 149 IPC for causing simple injuries to witness Ratanji Ajmalji Thakor, in default, to undergo simple imprisonment for ten days;learned Sessions Court also directed to run the said sentences concurrently.

(2.) In brief, it is the case of the prosecution that there is mike and "mandap" of common ownership at village Vedpura which were being used at the time of occasion. It is stated that there are 28 members for the same. It is stated that this mike etc. were being kept at the residence of Thakor Popatji Keshaji and as there was marriage of the niece of the complainant, he brought the mike and "mandap". It is stated that at the time of incident, when Thakor Vithaji, Madhaji, Govaji, Kantiji and Chelaji came and asked Jayantiji to give mike and as Jayantiji refused to give, the alleged incident took place. Accordingly, the complaint was lodged on 10.6.2005.

(3.) The investigation was carried out in the case, the accused were arrested and the investigating officer, having found sufficient material, filed the charge sheet for the offence punishable under Sections 147, 148, 149, 302, 504, 325, 323, 336, 337 and 506(2) of IPC and Section 135 of the Bombay Police Act in the court of learned Judicial Magistrate, First Class, Kheralu against all the accused. As the case was exclusively triable by the Sessions Court, learned Magistrate committed the case to the Sessions Court, Mehsana.