ANANDA RAGHU BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellants original accused have challenged the judgment dated 20.12.2008 rendered by learned Additional Sessions Judge, Surendranagar, Camp at Limbdi, in Sessions Case No.114 of 1997. They were charged with commission of offence punishable under Sections 302, 323, 324, 325, 147, 148 and 149 of Indian Penal Code. By impugned judgment accused Nos.1 to 6 were convicted under Section 302 read with Section 149 of Indian Penal Code and sentenced for life imprisonment with fine of Rs.500/each and in default of payment of fine, they were sentenced to simple imprisonment of further three months. The appellants were also convicted under Section 326 read with Section 149 of Indian Penal Code and sentenced to ten years' rigorous imprisonment with fine of Rs.500/each and in default of payment of fine, they were sentenced to simple imprisonment of further two months. The sentences imposed upon the appellants accused were directed to be undergone simultaneously.

(2.) Briefly stated the prosecution version was that, on 4.7.2007 the complainant, Jala Uka with deceased Shri Kheta Raha had gone to the vid (land for grazing cattle) for supervision which was in the possession of the complainant and the deceased. The said vid was previously given to the accused which was with the deceased and complainant side. The accused came with lathis and hit the complainant and the deceased causing grievous injuries to them. Shri Nathabhai took the injured to the Government Hospital in chhakdo rikshaw. Shri Kheta Raha was referred to the Gandhi Hospital, where he died of the injuries on the way to the Surendranagar. The cause of the offence is the vid which was possessed and used by the complainant and deceased side from the Thakor of Lakhatar which was previously possessed by the accused side.

(3.) As per the case of the prosecution, Dr.Panara of Thangadh Government Hospital had informed Thangadh Police Station that Bharvad of Navagam, namely, Shri Kheta Raha aged 50 years and Jala Uka aged 55 years are brought to the hospital for treatment in the case of fighting and if they were required to be transferred for further treatment, they would be sent to Surendranagar. On receiving the vardhi, Shri Mahendrasinh Kalubhai Rana, Head Constable had gone to Thangadh Government Hospital for inquiry whereby he found Shri Jalabhai Ukabhai was under treatment. On asking about the incident he had taken down complaint and sent it to PSO for registering the offence as FIR.