Point of law : Admittedly according to the prosecution's own case Ran Singh and Rattan Singh were carrying lathies which could be described as hard and blunt object. Such injuries on the person of the deceased were either on hands or on feet and at best what could be attributed to them could be injuries resulting in fractures. None of these two appellants could be convicted for causing injuries individually which could make out an offence under section 302.

JUDGMENT :

A.S. SUPEHIA, J.

1. Both these appeals are filed under section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) which arise out of common judgment and order dated 30.05.2019 passed by learned 3rd Additional District & Sessions Judge, Ahmedabad (Rural), Dist. Ahmedabad, in Sessions Case No.101 of 2017, are being decided analogously by this common judgment.

2. Criminal Appeal No.1285 of 2019 is filed by the original accused No.1 challenging his conviction under section 302 of the Indian Penal Code, 1860 (IPC), whereby he is sentenced to imprisonment of life. Various other periods of sentences with fines are also prescribed for offences under sections 323, 324 and 325 of the IPC but the same are directed to run concurrently.

3. Criminal Appeal No.1222 of 2019 is filed by the original accused Nos.2 and 3 challenging the conviction for the offences punishable under sections 323, 324, 325 and 294(b) of the IPC and for the offence punishable under section 135(1) of the Gujarat Police Act,1951. The maximum sentence of three years is imposed for the offence punishable under section 325 of the IPC. Other sentences with fines are prescribed but the same are ordered to run concurrently.

4. The case of the prosecution emanates from the F.I.R. being C.R. No.I-96 of 2015 registered with Nikol Police Station by one Vivek Jitendra Patil (deceased) against the appellants (accused No.1 and two unknown persons) for the offences punishable under sections 324, 294(b), 114 of the IPC and section 135(1) of the Gujarat Police Act. The F.I.R. was registered on 30.12.2015 at 7:30 hrs. inter alia stating that on 30.12.2015 at around 00:30 hrs, when Vivek (deceased) and his friend namely, Dharmendrasinh Jitendrasinh Tavar were passing at Nikol Ras Paan Crossroads on their motorcycle, accused No.1 had instructed them to stop their motorcycle and he had inquired from the first informant (deceased) about the quarrel, which had happened before two days. It is further stated that accused No.1 was accompanied by two unknown persons and suddenly accused No.1 got enraged and started abusing the first informant and thereafter assaulted him by inflicting the stick blows on his left hand and left leg. Thereafter, one of the unknown persons inflicted the stick blow in the right hand of the first informant and another unknown persons had also given the stick blows. It is stated that when Dharmendrasinh tried to intervene, he was also inflicted the stick blows on the left leg by accused No.1 and one of the unknown persons has given the stick blow on his left wrist and the second unknown person has also inflicted the stick blow on the back of Dharmendrasinh. After hue and cry, the accused had fled away from the scene of offence.

Thereafter, the first informant – Vivek Jitendra Patil passed away during the treatment on 03.01.2016 at 20:00 hrs. and hence, a report to add section 302 of the IPC was also filed. Accused were arrested in connection with the F.I.R. on 04.01.2016 and after completion of the investigation, charge-sheet came to be filed before the court of learned Magistrate on 24.02.2016 however, since the case was exclusively triable by the Sessions Court, the case came to be committed under the provision of Section 209 of the Cr.P.C. and was numbered as Sessions Case No.101 of 2017.

5. The charge was framed vide Exh.9 on 03.11.2017 for the offences punishable under Sections 302, 324, 323, 325, 294(b) and 114 of the IPC and Section 135(1) of the Gujarat Police Act. All the accused were accordingly tried by the Sessions Court, as they denied all the charges. The prosecution has examined 32 witnesses and adduced as many as 35 documentary evidence and on completion of the evidence and recording of the statement of the accused persons under the provision of 313 of the Cr.P.C. the Trial Court has convicted the accused for the aforementioned offences and accordingly sentenced them.

6. Learned Senior Counsel Mr.Yogesh Lakhani appearing with Mr.Rahul Dholakia,