The court upheld the conviction based on established intent to kill supported by evidence from eyewitnesses and medical findings related to injuries.

JUDGEMENT

Heard the learned advocates.

This Revision Application under Sec. 397 read with 401 CrPC arises from the judgment and order dated 21st September, 1992 passed by the learned Addl.

Sessions Judge, Bhavnagar in Criminal Appeal No. 60 of

1983. In Sessions Case No. 111 of 1982 lodged before the learned Assistant Sessions Judge, Bhavnagar, the petitioners and two others were accused of committing offence punishable under Secs. 147, 149, 307, 323 and 324 IPC . All the seven accused persons were tried by the learned trial Judge and under the judgment and order dated 22nd August, 1983, the learned trial Judge was pleased to convict the petitioners-the accused nos. 1 to 5 for the offence punishable under Sec. 148 IPC and Sections 323 & 324 read with Section 149 IPC and under Section 307 read with Sec. 149 IPC . The accused nos. 6 & 7 were acquitted. The accused nos. 1 & 2 are the brothers, the accused no. 3 is the son of the accused no. 1 and the accused nos. 4 & 5 are the sons of the accused no. 2. The accused nos. 1 to 5; the petitioners, were sentenced to rigorous imprisonment for three months for offence punishable under Section 148 and 323 IPC . They were sentenced to rigorous imprisonment for six months for offence punishable under Section 324 IPC and a fine of Rs. 100/=. In default of payment of fine, a further rigorous imprisonment for fifteen days.

For offence punishable under Sec. 307 read with Section 149 , the said accused were sentenced to rigorous imprisonment for five years and a fine of Rs. 500/= each. From the aforesaid sum of fine imposed upon the accused, a sum of Rs. 1000/= was ordered to be paid to witness Gordhan Harkha and a sum of Rs. 500/= was ordered to be paid to witness Jadav Keshav by way of compensation. Feeling aggrieved, the accused nos. 1 to 5, the petitioners, preferred Criminal Appeal No. 60 of 1983 before the learned Addl. Sessions Judge, Bhavnagar. The appeal was dismissed on 21st September, 1992.

Feeling aggrieved, the petitioners have preferred the present Revision Application.

The incident in question occurred on 30th June, 1982 at around 9 o'clock in the morning at village Samadhiala, District-Bhavnagar. The complaint [Exh. 38] was lodged by witness Jadav Keshav. According to the complainant, while he and his uncle - witness Gordhan Harkha were sitting at the shop of one Makod Dayal, the accused no. 1 Nathubhai Bhojbhai Kathi, armed with an axe and other accused armed with sticks, dhariya, spear, etc. came along with two unknown accused persons [accused nos. 6 & 7], gave a stick blow on the head of the complainant, followed by the other accused. The witness Gordhan Harkha tried to intervene, therefore, he was also assaulted. The accused hit him on the head, hands and legs with axe, dhariya and sticks. However, others intervened and carried home the injured witnesses.

The prosecution examined the injured witness Jadav Keshav [Exh. 17]; Gordhan Harkha [Exh. 25]; Motibhai Devajibhai [Exh. 26]; Dr. Vasantkumari Narayan Bahera [Exh. 28]; Ghanshyam Dharamshi [Exh. 31]; Makad Dayal [Exh. 32]; panch witness Ganesh Savaji [Exh. 33]; Bhupatsingh Naranji [Exh. 36]; panch witness Makansi Ramsingh Debahi [Exh. 37]; Investigating Officer Ramsuratsingh Mahavirsingh [Exh. 39] and Dr. Hasumatiben Ranchhodlal Patel [Exh. 41]. The accused were arrested alongwith their respective weapons on 4th July, 1983 under Panchnama Exh. 23. The Panchnama of the place of incident is produced at Exh. 22. The report of the Forensic Science Laboratory is produced at Exh. 20. Dr. Vasantkumari Narayan Bahera, Medical Officer, Botad [Exh. 28] has proved the medical certificates Exhs. 29 & 30. She has opined that witness Jadav Keshav had suffered five injuries including a lacerated wound on the right frontal region on the head;

that the said in