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2017 Supreme(Guj) 795

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Akil Abdul Hamid Kureshi and Biren Vaishnav, JJ.
Yagnesh - Appellants
Vs.
State of Gujarat - Respondent
Criminal Appeal Nos. 1151, 1181, 847 and 900 of 2013
Decided On : 18-04-2017

Advocates Appeared:
For the Appellant : K.S. Chandrani
For the Respondents: C.M. Shah

Headnote:

Criminal Procedure Code – Prosecution case in brief was that deceased Narendrasinh Bhikhubha Zala lived in the same locality as Dilipbhai Pandit, father of accused No. 1. Said Dilipbhai had spoken to one Heenaben, resident of the same complex making indecent reference. Heenabens husband had taken up this issue with Dilipbhai. Narendrasinh came to know about this episode and admonished Dilipbhai for such indecent talk appears that Narendrasinh even beat up Dilipbhai in the late evening of 09.06.2009. On the same night at about 10:30 when Narendrasinh was passing through Gokuldham area of Rajkot, Yagnesh @ Lalo, son of Dilipbhai (accused No. 1) came there along with his friends (accused Nos. 2 to 6) in a Wagon R car and motorcycles and intercepted Narendrasinh and his friends. Yagnesh first asked who had quarreled with his father and upon finding that it was Narendrasinh, gave a knife blow in his stomach. Accused No. 2, Prakashbhai gave a blow on the head with a baseball bat –Held, surviving question is, what offence did accused Nos. 1 and 2 commit? It is argued that this is a case of only one blow and, in any case, accused No. 2 did not share the motive with accused No. 1. However, these contentions ignore the fact that the blow was given on the stomach with the knife with such ferocity that the knife pierced through the intestine and damaged the kidney. Accused No. 2 did not give the vital blow but apparently gave the blow on the head of the deceased with a baseball bat after accused No. 1 had stabbed him in the stomach would clearly indicate that accused No. 2 was aware about not only the intention but actually the action of accused No. 1 when court himself played the overt act therefore, cannot escape the liability of having shared a common intention – Criminal Appeals is disposed.

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. These appeals arise out of a common judgement dated 20.05.2013 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 27 of 2010.

2. The prosecution case in brief was that deceased Narendrasinh Bhikhubha Zala lived in the same locality as Dilipbhai Pandit, father of accused No. 1. Said Dilipbhai had spoken to one Heenaben, resident of the same complex making indecent reference. Heenaben's husband had taken up this issue with Dilipbhai. Narendrasinh came to know about this episode and admonished Dilipbhai for such indecent talk. It appears that Narendrasinh even beat up Dilipbhai in the late evening of 09.06.2009. On the same night at about 10:30 when Narendrasinh was passing through Gokuldham area of Rajkot, Yagnesh @ Lalo, son of Dilipbhai (accused No. 1) came there along with his friends (accused Nos. 2 to 6) in a Wagon R car and motorcycles and intercepted Narendrasinh and his friends. Yagnesh first asked who had quarreled with his father and upon finding that it was Narendrasinh, gave a knife blow in his stomach. Accused No. 2, Prakashbhai gave a blow on the head with a baseball bat. The others joined in attacking Narendrasinh and left the scene of the incident barely in a couple of minutes. A charge was therefore, framed against all accused at Exh 15 of having committed offences punishable under sections 143, 147, 148, 149, 302, 188 of IPC. The learned Trial Judge in the impugned judgment, convicted all the accused for offences punishable under sections 143, 147, 148, 149, 188 and 302 of IPC. They were sentenced to life imprisonment. Fines were also imposed. In view of this sentence, the learned Judge did not impose separate sentences for the remaining offences under sections 143, 147, 148 and 188 of IPC. Accused No. 1 has filed Criminal Appeal No. 1151 of 2013. Accused No. 2 has filed Criminal Appeal No. 1181 of 2013. Accused Nos. 3 to 5 have filed Criminal Appeal No. 847 of 2013 and accused No. 6 has filed Criminal Appeal No. 900 of 2013.

3. We may record the gist of evidence. Jaypalsinh Vanrajsinh Jadeja, PW 10, Exh 72, was the first informant and also an eyewitness. He deposed that Narendrasinh (the deceased) was his friend. On 09.06.2009 he was sitting with his friends Shailesh, Hitesh and Rajendrasinh at Kanaiya Hotel near Gokuldham. At that time, at about 9:30, Narendrasinh called from RMC quarters and told him that he had a quarrel with his neighbour Dilipbhai so that Jaypalsinh and others should go there. Thereupon, all the four friends went on their motorcycles to the place where Narendrasinh was living and inquired about the incident. Narendrasinh told them that his neighbour Dilipbhai had misbehaved with Heenaben about 15 days earlier and the quarrel was about it. Heenaben had complained to her husband Ajaybhai about it. Ajaybhai and Dilipbhai therefore, had heated exchange of words. Matter was, however, later on resolved upon intervention of Dilipbhai's son Yagnesh and his friend Prakashgiri. Narendrasinh was angry that the matter was hushed up in this manner since it would only encourage Dilipbhai to misbehave with other women in future. Narendrasinh, therefore, scolded Dilipbhai and he even slapped him a couple of times. According to this witness, the four friends pacified Narendrasinh and took him away with them. When they reached opposite Sagar Hall on 80 ft road, one Maruti Wagon R car came and stopped in front of their vehicles. Soon a Pulsar motorcycle and a Splendor motorcycle came there. Yagnesh, accused No. 1 was on the Pulsar motorcycle. Prakashgiri Kantigiri, accused No. 2 was on the Splendor. Yagnesh @ Lalo asked them who had fought with his father Dilipbhai. Narendrasinh told him that it was he, who had a quarrel with Dilipbhai and had slapped him also. Thereupon, Lalo (accused No. 1) took out a knife from his pocket and gave a blow to Narendrasinh on the stomach. Narendrasinh fell down on the ground. Prakashgiri, accused No. 2, who wa






















































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