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2016 Supreme(Guj) 189
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.S. Jhaveri and R.P. Dholaria, JJ.
The State of Gujarat – Appellant
Vs.
Bharwad Ranchodbhai Devabhai and Ors. – Respondents
Criminal Appeal Nos. 95 of 2006, 2369 of 2005 and 497 of 2006
Decided On: 22.01.2016
For Appellant : L.R. Poojari, Addl. Public Prosecutor
For Respondents:Divyesh Sejpal and K.J. Panchal, Advocates
Headnote:
Indian Penal Code - Criminal Appeal - Sections 147, 148, 149, 302, 307, 323, 324, 325, 326, 504 & 506(2) - The judgment discusses the charges leveled against the accused under various sections of the Indian Penal Code and the court's analysis of the evidence and circumstances to reach its decision.
Fact of the Case:
The case involved a free fight between two parties resulting in injuries and deaths. The prosecution presented evidence of the events leading to the fight, while the defense argued lack of evidence against the accused.
Finding of the Court:
The court found that the original accused No. 1 was involved in the incident but altered the conviction from Section 325 to Section 324 of the Indian Penal Code and imposed a fine. The court dismissed the appeals filed by the State and confirmed the judgment and order of the trial court.
Issues: The main issues revolved around the evidence presented by the prosecution, the involvement of the accused, and the application of relevant sections of the Indian Penal Code.
Ratio Decidendi: The court emphasized the need for substantial and compelling reasons to interfere with an order of acquittal and reiterated the principles governing the appellate court's powers in appeal against an order of acquittal.
Final Decision: Criminal Appeals No. 95 and 497 of 2006 were dismissed, and Criminal Appeal No. 2369 of 2005 was partly allowed with the alteration of the conviction and imposition of a fine. The judgment and order dated 28.10.2005 passed in Sessions Case No. 46 of 2000 was confirmed, and the judgment and order dated 28.10.2005 passed in Sessions Case No. 47 of 2000 was modified accordingly.
K.S. Jhaveri, J.
1. Criminal Appeal No. 95 of 2006 preferred by the State of Gujarat is directed against the judgment and order of acquittal dated 28.10.2005 passed by the Principal Sessions Judge, Surendranagar in Sessions Case No. 46 of 2000, whereby the accused Nos. 1 to 10 & 12 & 13 have been acquitted of the charges leveled against them under Sections 147, 148, 149, 302, 307, 323, 324, 325, 326, 504 &506(2) of Indian Penal Code. Criminal Appeal No. 95 of 2006 shall stand abated qua original accused No. 11 in view of his death.
1.1 Similarly, the State has also preferred Criminal Appeal No. 497 of 2006 against the judgment and order of acquittal dated 28.10.2005 passed by the Principal Sessions Judge, Surendranagar in Sessions Case No. 47 of 2000 whereby the original accused Nos. 1 to 13 therein have been acquitted of the charges levelled against them under Sections 147, 148, 149, 307, 323, 324, 326, 504 & 506(2) of Indian Penal Code.
1.2 On the other hand Criminal Appeal No. 2369 of 2005 has been preferred by original accused No. 1 in Sessions Case No. 47 of 2000 against the judgment and order of acquittal dated 28.10.2005 passed by the Principal Sessions Judge, Surendranagar in Sessions Case No. 47 of 2000 whereby he has been convicted for the offence punishable under Sections 325 & 325 of Indian Penal Code and also under Section 25(1) (B)(A) of the Arms Act. He has been sentenced to rigorous imprisonment for two years & fine of Rs. 3000/- in default to undergo simple imprisonment for five months for offence under section 325 of Indian Penal Code and simple imprisonment for a period of one year & fine of Rs. 2000, in default to undergo simple imprisonment for three months for offence under section 324 of Indian Penal Code. The accused No. 1 is further ordered to undergo simple imprisonment for one year & fine of Rs. 2500/- in default to undergo simple imprisonment for three months for offence under section 25(1)(B)(A) of the Arms Act.
2. It is the case of the prosecution so far as Sessions Case No. 46 of 2000 is concerned, that on 07.12.1999 at about 06.00 am the complainant in Sessions Case No. 46 of 2000 was returning home after visiting Shivalaya. At that time Bharvad Ranchhod Deva armed with a gun, Gagji Deva armed with farsi, Narayan Deva with a gun and Vana Bachu and Magha Hari with sticks in their hands were standing near the Chabutara. It is the case of the prosecution that Ranchhod Deva caught hold of the complainant and all Bharvads started abusing the complainant. The complainant told them not to abuse him and therefore Vana Bachu inflicted a blow of stick on left leg of the complainant as a result of which the complainant fell down. It is the case of the prosecution that thereafter all the accused persons started beating the complainant. At that time, the brothers and relatives of the complainant came there and there ensued a free fight between both the sides. It is the case of the prosecution that when the complainant was trying to stand up, Gagji Deva gave a farsi blow on his head and second blow above the complainant's eye.
2.1 It is the case of the prosecution that Bharvad Narayan Deva fired a gun shot on the brother of the complainant Mobubhai and Mobubhai sustained injuries on his stomach and other parts of the body and he fell down in a bleeding condition. Thereafter, Bharvad Raghu Bhikha & Daya Deva fired in the air. It is the case of the prosecution that the accused also threw stones on the complainant, his brother and other relatives. They were later on taken to hospital in the tractor.
2.2 So far as the prosecution case in Sessions Case No. 47 of 2000 is concerned, as per the complaint, on 07.12.1999 at about 06.00 am when the complainant was at home, he heard shouts from the chowk and when he went there with a stick he saw the accused No. 1 of Sessions Case No. 47 of 2000 beating his cousin's son Magha and therefore he intervened and tried to rescue Magha. It is the case of the prosecution as
