- (1.) As all these appeals arise out of a judgment and order dated 21/12/1999 passed in Sessions Case No. 21 of 1999 by the learned Additional Sessions Judge, Mahesana camp Patan (for brevity, 'the learned trial Judge'), they are being decided and disposed of by this common judgment and order.
(2.) Criminal Appeal No. 1362 of 1999, preferred by the appellants - original accused Nos. 1, 4, 5 and 6 and Criminal Appeal No. 21 of 2000, preferred by the appellant - original accused No. 2, under Section 374 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') challenging the aforesaid judgment and order by which, the learned trial Judge has convicted them and sentenced them as under: JUDGEMENT_340_LAWS(GJH)4_2015.html 2.1 Criminal Appeal No. 114 of 2000, preferred by the appellant - State of Gujarat, under Section 378 of the Code challenging the aforesaid judgment and order by which the learned trial Judge has acquitted the other accused (i.e. except accused No. 2 - Somaji Jethaji Thakore) for the offence punishable under Section 302 r/w. Section 149 of the Indian Penal Code, 1860 (for brevity, 'the IPC').
(3.) Facts in nutshell of the cases on hand are that on 28/09/1998 at about 9:30 p.m. at Loteshwar of Sami Taluka, near Bahuchar Maa chowk, during Garba (Mandvi), since original accused No. 1 - Ajaji Somaji Thakore was playing Garba (Mandvi) in hurryscurry, one Maghiben got some injury and hence, she scolded Ajaji Somaji Thakore, original accused No. 1, due to which, the original accused No. 1 beat her with a wooden stick. Thereafter, the people gathered there persuaded them and hence, they dispersed and then went their respective homes. It is the case of the prosecution that in connection to the aforesaid incident, the accused armed with deadly weapons went near the house of deceased Meramji at about 10:00 p.m., reciting abusive words and threatening to kill. Somaji Jethaji Thakore, the original accused No. 2, who was possessing scythe (dhariya), assaulted on deceased Meramji on his head, Ganaji Somaji Thakore, the original accused No. 3, who was possessing dart (barchhi), assaulted Mavjiji Shivaji, on his face on left side, Naranji Somaji Thakore, the original accused No. 4 assaulted Mavjiji with a wooden stick on his left hand and also assaulted Kaluji Mavjiji with knife and injured palm of his left hand, Babuji Somaji Thakore, the original accused No. 5 also assaulted deceased Meramji with scythe on his left hand and Ratuji Jethaji Thakore, the original accused No. 6 with a kadiwali wooden stick and all other accused took on deceased Meramji and thereby, Meramji died. Ratuji Jethaji Thakore, the original accused No. 6 also assaulted others with indiscriminate blows of the kadiwali wooden stick, which he was possessing. Thereafter, Ratuji Karshanji, Juhaji Shivaji and Dajuji Dhudaji intervened and relieved them. The injured persons took the body of Meramji, the deceased, to Mujpur village and from there, to the Government Hospital at Patan, where, the injured persons got treatment, whereas, Meramji was declared to be dead. Accordingly, the accused were alleged to have committed the offence punishable under Sections 302 r/w. Section 34, 323, 324, 504, 147, 148 and 149 of the IPC and Section 135 of the Bombay Police Act, for which, complaint had been lodged against them.;