Harsha Devani, J.

Criminal Appeal No.516 of 2012 has been filed by the appellant Bharatbhai Kalubhai Baraiya challenging the judgment and order of conviction and sentence dated 30.3.2012 passed by the learned Second Additional Sessions Judge, Rajula in Sessions Case No.8 of 2011 (Old Sessions Case No.11 of 2007), whereas Criminal Appeal No.870 of 2012 has been filed by the State of Gujarat challenging the acquittal of the respondents, viz., Kalubhai Lunabhai Baraiya, Savjibhai Kalubhai Baraiya, Navin alias Naval Rambhai Baraiya, Rambhai Lunabhai Baraiya, Jivrajbhai Rambhai Baraiya and Bachubhai Rambhai Baraiya.

2. Since both these appeals arise out of a common judgment and order and the evidence is also common, the same were taken up for hearing together and are decided by a common judgment.

3. A first information report came to be lodged on 13.7.2006 at the 'A' Division Police Station, Bhavnagar by one Bharatbhai Merubhai Gujaria, stating that they had a transport office near Ramapir Temple and he and his father used to sit at the office. On 12.7.2006, at about 4:30 to 5:00 in the evening, he and his father Merubhai Bijalbhai and his paternal uncle Bhagwanbhai Chitharbhai were present at their transport office, at that time, Bhurabhai Kalubhai Baraiya, Savabhai Kalubhai Baraiya, Jivrajbhai Rambhai Baraiya, Bachubhai Rambhai, Navalbhai Rambhai Baraiya and Rambhai Lunabhai Baraiya of their village as well as Kalubhai Lunabhai Baraiya, came near their office, and Bhurabhai had a stick in his hand and the others also had sticks in their hands with which, without saying anything, they indiscriminately rained blows on Rameshbhai's body and over and above that all those persons were beating him and upon his father intervening, all those persons went away and Ramesh had sustained blunt (mundhmar) injuries.

3.1 Half an hour later, all these persons returned to their office wherein Bhurabhai had a knife in his hand, Savabhai had a dharia in his hand, Bachubhai had a sword in his hand, Jivrajbhai had a stick in his hand and all these persons armed with weapons formed an unlawful assembly and Bhurabhai Kalubhai had inflicted a blow with a knife on his father's stomach and upon his father falling down, and Bhagwanbhai was at a distance from the office where Bhurabhai, Savabhai, Jivrajbhai, Rambhai, Bachubhai and Navalbhai took the weapons and caused injury to Bhagwanbhai on his back with a sword and dharia and at that time, there being commotion and a scuffle, Rambhai Shravanbhai Shiyal of their village and other persons having gathered there, the people from the opposite party being headstrong, no one intervened and in the scuffle, he too had sustained blunt injuries and his father Merubhai and Bhagwanbhai having sustained grievous injuries and fallen down, these persons went away from there.

3.2 Thereafter, his father and Bhagwanbhai having sustained grievous injuries, he and Rameshbhai Malabhai, Babubhai Bijalbhai, Narshibhai Bholabhai, Malabhai Chitharbhai, etc., took them from Khera village in Jesalbhai's rickshaw to the Mahuva Government Hospital for treatment and after availing primary treatment, they were taken for further treatment to the Bhavnagar Government Hospital, where they were admitted in Ward No.7. His father having sustained grievous injuries on his stomach was taken for surgery, and Bhagwanbhai had also sustained grievous injuries.

3.3 The motive behind this incident was that Rameshbhai Malabhai was the driver of the rickshaw and they wanted to take him away and in the last elections, his (the informant's) father had been elected as a Member of the District Panchayat from the B.J.P. and the opposite side belonging to the Congress had lost, and, therefore, keeping a grudge and enmity, they had formed an unlawful assembly and wielded sharp cutting weapons and caused grievous injuries to his father Merubhai and Bhagwanbhai and also assaulted his driver and, hence, he has lodged the complaint to take lawful action agai