The court upheld the conviction for murder, emphasizing that the evidence of the injured eyewitness was credible and corroborated by medical findings, establishing intent to kill.

JUDGMENT :

ILESH J. VORA, J.

1. This conviction appeal is filed by the appellants –original accused nos.2 and 3, against the judgment of conviction and order of sentence dated 03.09.2014, passed by the learned Additional Sessions Judge, Kheda at Nadiad in Sessions Case No.25 of 2013, wherein the appellants came to be tried for the offences punishable under Sections 147, 148, 149, 302, 324, 325, 504, 506(2) of the IPC and Section 135 of the Gujarat Police Act. At the end of the trial, the appellants came to be convicted and sentenced as tabulated hereunder:

The Trial Court ordered the sentences imposed on the appellants to run concurrently.

2. The case of the prosecution leading to conviction of the appellants accused is as follows:

2.1 On 25.11.2012, at about 21:30 p.m., FIR being C.R.No.48 of 2012 under Sections 147, 148, 149, 302, 324, 325, 504, 506(2) of the IPC and Section 135 of the Gujarat Police Act, was lodged at Limbasi Police Station, Village: Hadeva, Tal.: Matar, Dist.:Kheda, according to which, the PW:16 Kamlesh Beldar and his father Manubhai Beldar were going to Village Limbasi and while passing near the Village Lake, the co-accused viz. Deva Beldar, Lala Beldar, Vitthal Popat and Manga Gafur, armed with deadly weapons like scythe (dhariya) and wooden stick, restrained them and raising the issue of the property in question, assaulted fatally. The PW:16 was assaulted by accused Deva Beldar and the injury was being caused by wooden stick on his left hand, whereas, accused Lala Beldar, Vitthal Popat and Manga Gafur, mercilessly assaulted Manubhai and serious injuries on his head as well as right leg being caused with the weapon dhariya as each of was having dhariya weapon in his hand. The accused Lala Beldar appellant herein caused injury on the head by inflicting dhariya and accused Vitthal Popat inflicted blows on the right leg of the deceased which resulted into multiple fractures. The accused Manga Gafur gave a blow on the right ear of the deceased with dhariya. According to the case of the prosecution, after the incident of assault on the PW:16 and his father Manubhai, the other accused nos.5 to 11, came in the support of principal accused nos.1 to 4 and the injured witnesses who came in the rescue of the PW:16 Kamleshbhai and Manubhai Beldar had been seriously injured by the accused nos.5 to 12. The witnesses were the family members of the injured Kamleshbhai. The witnesses viz. Rekhaben Beldar PW:18, Jigiben Beldar PW:19, Kunvarben Beldar PW:20 and Manjulaben Beldar PW:21 and Kamuben Beldar sustained grievous injuries in the said incident allegedly caused by the accused nos.5 to 12 and accused Vitthal Popat the appellant herein. After the incident, the accused fled away from the place of the incident. The injured including the deceased had been taken to the nearby Civil Hospital and thereafter, they referred to Ahmedabad Civil Hospital. The condition of the injured Manubhai was serious as after sustaining the head injuries, he almost went into coma. Deceased Manubhai was operated for the open Grade-II fracture injuries of tibia and fibula and operation fixation was done. He was also treated for the puncture wounds. The deceased Manubhai, for his better treatment, shifted to private hospital at Kheda, Nadiad and during the treatment, he succumbed to his injuries on 29.11.2012.

Initially, the offence was registered under Section307, etc. and after the passing away of Manubhai, the charge of murder under Section 302 being added with the permission of the Court. The Investigating Officer PW