JUDGMENT :

A.Y. KOGJE, J.

[1] These five convicts of two Sessions Case No.44 of 2013 and 10 of 2014 have filed four separate appeals against the judgment and order of conviction dated 22.08.2019 passed by the Additional Sessions Judge, Porbandar.

[2] In the aforesaid trial, eight accused were tried of whom six were convicted and two were acquitted. The case of the prosecution was based on the evidence of eye witnesses.

[3] This is the case where the facts are that the accused namely Bharat @ Bagho Keshav Lodhari was arrested by the police under the provisions of prohibition act on a secret information received by the police. Thereafter, Bharat @ Bagho Keshav Lodhari had a belief that it is the complainant’s father namely Ramji @ Paga Devsi Panjri and his brother Jitu and Ramesh had given the said information, as a grievance, on 24.01.2012 the accused had beaten Rameshbhai and Ashokbhai. Thereafter on account of such grievance, the accused conspired prior to 3 days from the date of incident and pursuant to the said conspiracy the accused by forming an unlawful assembly on 06.07.2013 at about 12 o’clock in the night hours, the accused had stopped the deceased at Vandri Chowk, Kharwawad, Porbandar and started beating with weapons like iron pipe to the deceased by using filthy language. During the incident, the accused namely Pratap Vinjha had taken out the knife and ran after the complainant. It is further stated that one Hiraben and auntie of complainant (foi) namely Dhanuben came and tried to save the deceased. It is therefore alleged that the accused namely Bharat @ Badha Keshav had given a push to Dhanuben and on shouting, the accused ran away from the scene of offence by shouting that “one is left”.

[4] It is reflected from the complaint that thereafter the deceased was taken to Government hospital and thereafter the deceased was further advised to take to hospital at Rajkot. While shifting the deceased to Rajkot in an ambulance, the deceased succumb to the injuries while on the way to the hospital at Rajkot and therefore the deceased was taken to Porbandar and post-mortem was carried out.

[5] It is in this manner the complaint came to be registered before the Kirtimandir Police Station being C.R.No.I-39 of 2013. Thereafter, the investigation was carried out and chargesheet was filed before the Learned Judicial Magistrate First Class, Porbandar and Criminal Case No. 3047 of 2013 was numbered. Since, the offence triable by the Court of Sessions, the case was committed to the Sessions Court, Porbandar and the Sessions Case was numbered as Sessions Case No. 44 of 2013 and was tried by the Learned Additional Sessions Judge, Porbandar. Thereafter the accused namely Mukesh Ramyibhai Panjri came to be arrested and supplementary chargesheet came to be filed being Criminal case No. 616 of 2014 before the Learned Judicial Magistrate 1st lass, Porbandar and thereafter the case was committed to the Court of Sessions being Sessions case No. 10 of 2014 and both the cases were tried together.

[6] It has been reported that out of the present appellants, Nitesh @ Nitin Dhabhi Shivlal Kanojiya is absconding and by separate order warrants are issued against him and his appeal No.883 of 2020 is separated. The name of Bharat @ Bagho Keshav Lodhari is not reflected in the charge as well as in the impugned order, as his trial is conducted separately.

[7] Under the impugned judgment and order, the appellants have been convicted as under:

(i) The accused persons-No.1) Mukesh @ Karo Lalji Masani, accuse no. 2) Pratap @ Bhelvalo Vija Gohel, accuse no. 3) Dayo @ Kagdo Govind Chauhan, accuse no.4) Satish @ Gofano Parshottam Rathod, accuse no. 5) Mukesh @ Babukali Khimji Vandariya, accuse no. 8) Nitesh @ Nitin Dhobi Shivlal Kanojiya - these accused persons (names and nos, as per the Judgment)are held guilty for the offence under Section-302 of Indian Penal Code – reading with section -149 and it is ordered to undergo sentence of life imprisonment and penalty of R