The Accused were also found guilty for the offences under Sections 324 and 325 read with 149/34 IPC for which they were sentenced to six months rigorous imprisonment and fine of Rs.1000/ in default of which they shall undergo two months imprisonment.
Seven eye witnesses including the Complainant were examined.
Accused Nos.1, 2 and 10 were directed to pay Rs.10,000/ each as companypensation to the heirs of the deceased Unadbhai Desurbhai under Section 357 of the Criminal Procedure Code, 1973.
The Complainant cautioned Accused No.1 to drive the tractor carefully.
The remaining accused were directed to jointly pay Rs.20,000/ as companypensation to the heirs.
Jagabhai Bhayabhai was hit by the tractor due to which he sustained injury on his legs.
The Complainant and the other injured persons shouted for help and the accused seeing the villagers fled from the spot.
Bhima Degan Accused No.
Bhagabhai Rambhai, Rambhai Bhayabhai, Lakhman Sumara and Raningbhai Tapubhai came to the spot and they were also attacked by Accused No.1 to Unadbhai Desurbhai, Bhikabhai Desurbhai, Bhaga Ram and Lakhman Sumara sustained injuries on their heads.
The other accused attacked the Complainant, his brother Unabhai Desurbhai, Jaga Bhaya and Bayabhai.
He examined the Complainant, the deceased Unadbhai Desurbhai and other injured persons.
The Complainant has filed this Appeal aggrieved by the judgment of the High Court.
Bhagwan Bhikha Accused No.7 gave a blow with an iron T pipe on the left eyebrow of the companyplainant.
According to the Complainant, an electrical light pole near his house was broken down by the tractor of Accused No.1 on 23.03.1998.
Accused Nos.1 to 14 filed an Appeal before the High Court of Gujarat at Ahmedabad challenging their companyvictions and sentences.
Lakshmanbhai Bhaikhabhai, Accused No.10 did number prefer any appeal against his companyviction and sentence.
The accused were charged under Section 147, 148, 504, 506 2 , 323, 324, 325, 326, 302 read with 34/149 IPC and 135 of the Bombay Police Act.
Accused No.1 took offence and informed the Complainant that he would companye back at 0600 PM to settle the matter.
The injured were taken for treatment in an ambulance of Gujarat Peeparu Port Ltd. Unadbhai Desurbhai died on 26.03.1998 while undergoing treatment.
Dr. Popatbhai Bhaliya PW17 was the Medical Officer, Community Health Centre, Rajula on 24.03.98.
The FIR was recorded on 24.03.1998 by the Sub Inspector of Police, Rajula on a companyplaint made by the Appellant herein.
He stated that the cause of death was due to haemorrhage caused in the head by a solid blunt object.
At 0600 PM, Accused Nos.1 to 14, armed with axe, iron pipe and spear came on a tractor to the Complainants house.
To prove the injuries PWs 14, 15, 16 and 17 were examined.
Dr. Madhukant PW16 was examined to speak about the injuries caused to Rainingbhai Tapu PW5 .
Dr. Hemangbhai Vasavdawas who treated the deceased was examined as PW15.
After reaching the spot of the incident, they attacked the Appellant and caused injuries to others who came to his rescue.
In the trial, the prosecution examined 21 witnesses and relied upon several documents.
The right to private defence set up by the accused was rejected by the Trial Court.
3 inflicted an injury by spear on the left side of the companyplainants stomach.
He proved the medical certificates given by him regarding the injuries.
Relying upon the ocular testimonies which were companyroborated by the medical evidence, the Trial Court held that the accused formed an unlawful assembly and attacked the Complainant and others.
NAGESWARA RAO, J. By a Judgment dated 24.06.2003, the Second Fast Track Judge, Amreli companyvicted Accused Nos.1 to 14 who are Respondents 1 to 14 herein for companymitting an offence under Section 302 read with Sections 149/34 IPC and sentenced them to life imprisonment and a penalty of Rs.5,000/ in default of which they shall undergo six months further imprisonment.
Armed with weapons like axe, iron pipes and spear, they proceeded to attack the Appellant who rebuked the first Respondent in the morning.
