RAMESHBHAI CHANDUBHAI VARLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of judgement and order dated 19.06.2004 rendered by Sessions Court, Valsad, in New Sessions Case No.480 of 2002 (Old Sessions Case No. 159 of 2001). The appellants were the accused before the trial court and were charged for offences punishable under sections 452, 324, 323, 336, 302, 427 and 506(2) all read with section 114 of the Indian Penal Code.

(2.) As per the prosecution case, first informant Ramanbhai had an altercation with some of the accused persons at about 9.00 a.m. on 28.05.2001. It is the further case of the prosecution that at about 12.00 noon, the accused persons went to the house of the first informant, and trespassed into the house. Thereafter, they attacked Ramanbhai (PW-4), Ramjibhai (PW-9), Dhaulubhai (PW-10), Gopibhai (PW-11), Rajeshbhai (PW-12) and Rashmiben (PW-13), along with deceased Gopjibhai Ramanbhai, and caused hurt to witness Ramjibhai (PW-9), Dhavulubhai (PW-10) and Rajeshbhai (PW-12), with weapons like sticks and iron rod. It is further the case of the prosecution that Gopjibhai was attacked on head and stomach, which proved to be fatal for him. First Information Report (F.I.R.) was lodged in this behalf at about 6.00 p.m. on the day of the incident by Ramanbhai (PW-4). On the basis of the F.I.R., offence was registered and investigated. At the end of the investigation, police, having found sufficient material, filed charge sheet in the court of Judicial Magistrate First Class, Dharampur, who in turn committed the case to Sessions Court at Valsad, and Sessions Case came to be registered.

(3.) Learned advocate Mr. Shethna appears for appellants No. 1, 2 and 3 and Ms. Meenu Kumar appears for appellants No. 4 and 5 and Mr. R.C. Kodekar appears for the State.