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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.S. Jhaveri and R.P. Dholaria, JJ.
Chaudhary Ishwarbhai Shamjibhai and Ors. – Appellant
Vs.
State of Gujarat – Respondents
Criminal Appeal Nos. 380 and 501 of 2005
Decided On: 28.01.2016
Indian Penal Code - Criminal Appeal - Sections 302, 147, 148, 34, 114, 336, 337, 396, 427, 429, 435, 436, 449, 450, 504, 506(2) - The judgment discusses the conviction of the accused under various sections of the Indian Penal Code, the lack of direct evidence, reliance on circumstantial evidence, and the benefit of doubt leading to the acquittal of the accused.
Fact of the Case:
The case involves a mob attack in a village resulting in injuries, deaths, and property damage. The prosecution alleged that the accused formed an unlawful assembly, attacked individuals with deadly weapons, and caused destruction of property.
Finding of the Court:
The court found serious discrepancies in the prosecution's case, lack of direct evidence connecting the accused to the crimes, and majority of witnesses turning hostile. It concluded that the trial court erred in convicting the accused based on circumstantial evidence and acquitted them of all charges.
Issues: Lack of direct evidence, reliance on circumstantial evidence, witness hostility, and discrepancies in the prosecution's case.
Ratio Decidendi: The court emphasized the need for direct evidence or compelling circumstances to establish guilt. It highlighted the importance of proving the chain of circumstances and the potential for benefit of doubt in cases based on circumstantial evidence.
Final Decision: The appeals were allowed, the impugned judgment was quashed, and the accused were acquitted of all charges. The bail bonds of the appellants were cancelled.
K.S. Jhaveri, J.
1. Mr. Mehul Sharad Shah, learned counsel for the appellants-accused has submitted that the appellants of Criminal Appeal No. 501 of 2005 i.e. appellant No. 2 (original accused No. 41) - Chaudhary Jayantibhai Revabhai, appellant No. 5 (original accused No. 48) - Chaudhary Maganbhai Khodabhai, appellant No. 9 (original accused No. 55) - Chaudhary Sagrambhai Vaghjibhai, appellant No. 10 (original accused No. 56) - Chaudhary Kalubhai Devjibhai, appellant No. 11 (original accused No. 57) - Chaudhary Vahajibhai Bhathibhai and appellant No. 16 (original accused No. 68) - Chaudhary Ishwarbhai Pratapbhai have expired and has produced the death certificate on the record of the case. The same are ordered to be taken on record. The appeal qua against them stand abated.
2. This appeal is filed against the judgment and order dated 22.02.2005 passed by the learned Sessions Judge, Mahesana in Sessions Case No. 222 of 1997, Sessions Case No. 08 of 2004 and Sessions Case No. 115 of 2004 whereby the appellant-original accused No. 5 of Sessions Case No. 222 of 1997 - Chaudhary Ishwarbhai Shamjibhai has been convicted for the offence punishable under Section 302 of Indian Penal Code and has been sentenced to undergo imprisonment for life with fine of Rs. 10,000/- and in default and to undergo simple imprisonment for the period of two years. The learned Sessions Judge has convicted the original accused No. 1 - Chaudhary Navinbhai Abherajbhai, accused No. 2 - Chaudhary Jayantibhai Revabhai, accused No. 3 - Chaudhary Hirabhai Abherajbhai, accused No. 4 - Chaudhary Nanjibhai Narsangbhai, accused No. 5 - Chaudhary Maganbhai Khodabhai, accused No. 6 - Chaudhary Arvindbhai Abherajbhai, accused No. 7 - Chaudhary Joitabhai Veljibhai, accused No. 8 - Chaudhary Jagdishbhai Haribhai, accused No. 9 - Chaudhary Sagrambhai Vaghjibhai, accused No. 10 - Chaudhary Kalubhai Devjibhai, accused No. 11 - Chaudhary Vahjibhai Bhathibhai, accused No. 12 - Chaudhary Babubhai Hirabhai, accused No. 13 - Chaudhary Dahyabhai Keshabhai, accused No. 14 - Chaudhary Ambaram Bababhai, accused No. 15 - Chaudhary Govindbhai Vahjibhai, accused No. 16 - Chaudhary Ishwarbhai Pratapbhai and accused No. 17 - Chaudhary Sagrambhai Mansangbhai for the offence punishable under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for the period of two months with fine of Rs. 5,000/-, and in default to undergo simple imprisonment for the period of 15 days. They have also been convicted for the offence punishable under Section 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for the period of two months with fine of Rs. 5,000/-, and in default to undergo simple imprisonment for the period of 15 days. The learned Sessions Judge has acquitted the other accused persons except accused No. 5 - Chaudhary Ishwarbhai Shamjibhai for the offence punishable under Section 302 read with Section 34 and 114 of the Indian Penal Code and also acquitted them for the charges levelled against them for the offences punishable under Sections 336, 337, 396, 427, 429, 435, 436, 449, 450, 504 and 506(2) of the Indian Penal Code by giving the benefit of doubt and also giving the benefit of set off.
3. It is the case of the prosecution that in the year 1997 Village Kukas, District Mehsana was affected with unabated rain furry and flood, while disbursement of financial assistance in the form of cash in presence of Government officers, a quarrel took place and a mob of about 500 to 700 people committed the offences and also destroyed the properties and several persons were injured. It is the case of the prosecution that, when the process of disbursing of cash was going on, at that time at about 2:00 p.m. on 29.6.1997 in Village Kukas, District Mehsana, the accused Chaudhary Babubhai Ramsangbhai abused the complainant a
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