Thereafter, the accused went to their respective houses and 10 15 minutes later when P.W. 1, the deceased and P.W. 4 were sitting outside their house, all the fourteen accused armed with spear, dharia and sticks came uttering words and on seeing them, the deceased, P.Ws.
4, 9, 12 and 13 the appellants before us on the ground that the two injured witnesses have made some improvements regarding the motive aspect as well as overt acts attributed to them.
The High Court companyfirmed the acquittal of A 14 and set aside the acquittal of A 4, A 9, A 12 and A 13 and allowed the State appeal and companyvicted all the remaining 13 accused under Section 304, Part I, I.P.C. read with Section 149, I.P.C. and sentenced each of them to undergo four years R.I. All of them, as Mentioned above, preferred the special leave petition but we are left with only these four appellants, as stated above.
The prosecution case is as follows The accused are all inter related.
After companymitting the offence, the accused left the scene of occurrence.
The prosecution mainly relied on the evidence of two injured witnesses and the accused pleaded number guilty.
This Court granted leave only in respect of Original Accused Nos.
Coming to the nature of the offence, having regard to the fact that the deceased was done to death after inflicting a number of injuries and also having regard to the nature of the injuries on P.Ws.
At that juncture, A 1, A 2 and some others surrounded Raman P.W. 1 and A 1 gave a dharia blow on his head and when P.W. 1 shouted, his brother and the deceased came there.
10,11,12and 13 are the appellants in this appeal before us.
The High Court companyfirmed the acquittal of A 14 but regarding the presence and part played by the appellants, the evidence of P.Ws.
The dead body was lying there which was sent for postmortem and the doctor P.W. 3 who companyducted the post mortem found as many as 32 injuries on the deceased and on internal examination he found a fracture of the right side frontal and temporal bones and companyminuted fractures at the base of the skull of right temporal and frontal bones.
4, 9, 12 and 13 i.e. Petitioners Nos.
In relation to this incident, 14 accused were challaned and tried for offences punishable Under Sections 147, 148, 302 read with Sections 149, 324 and Section 323 read with Section 149, I.P.C. The Trial Court acquitted A 4, A 9, A 12, A 13 and A 14 and companyvicted the remaining accused Under Section.
J and 4.
The deceased snatched away the dharia from the hand of A 1 and threw it away but that hurt A 1 and his brother.
1 and 4 has number been in dispute and having regard to the number of injuries on them, it would have been impossible for the witnesses to give a detailed account and in any way if while giving some account they have improved or there are some omissions, that would number be a ground to acquit the accused persons whose names have been companysistently mentioned throughout in a case of this nature and Section 149, I.P.C. is applicable here.
The sternum was also fractured at the level of third intercostal space and the doctor opined that the deceased died due to these injuries which were sufficient in the ordinary companyrse of nature to cause death.
The learned Trial Judge testing their version regarding the overt acts in the light of the medical evidence and also having companysidered some of the omissions as well as improvements acquitted them.
Some of them climbed the roof of the house of Chhela Vala and made a big hole in the roof and gave the blows with dharia, spear and sticks on the deceased as well as on P.Ws.
The accused were arrested and after the companypletion of the investigation, the charge sheet was laid.
The companyvicted accused preferred an appeal and the State also preferred an appeal against the acquittal of all the fourteen accused in respect of the murder charge.
10, 11, 12 and 13 and dismissed the same in respect of others.
1 and 4 were sitting and in a highhanded manner climbed the roof of the house in which the deceased and the two injured witnesses had taken shelter and made a big hole in the roof and then attacked three persons.
The presence of P.Ws.
The uncle tried to persuade the accused persons but they did number agree.
Some of the accused who were outside broke open the door and went inside and gave the blows with sticks and spear to the deceased and P. Ws.
1 and 4 was again companysidered in detail and the High Court held that the reasons given by the trial companyrt are unsound and do number stand scrutiny.
In such an occurrence even if the eye witnesses have improved and have number given companysistent version regarding the part played by each of the accused that by itself will number be a ground to acquit the accused.
326 read with Section 149, I.P.C. and also under Sections 324 and 326 I.P.C. Under Section 326, I.P.C. the companyvicted accused were sentenced to two years R.I. and in respect of other offences they were sentenced to various terms of imprisonment.
A report was given to the police and they arrived and sent the injured persons in a jeep and they were transferred to the civil hospital at Ahmedabad later.
So far as A 14 is companycerned, these two injured witnesses deposed that he dealt a blow with an axe and the doctors evidence ruled out that axe was being used and in that view of the matter he was also acquitted.
They as well as the deceased and the material witnesses belong to the same village.
1 and 4.
An incident took place on 3 6 1979 at about 11.30 a.m. at village Matoda, Ahmedabad District, during the companyrse of which one Cheha Mana, the deceased in the case, was killed and two other persons who figured as P.Ws.
One day prior to the date of the incident, Ajmal A 1 scolded Raman P.W. 1 who had gone for watering his cattle and gave slap to him as he did number remove his cattle.
On P.W. 4, the doctor found four incised injuries and one lacerated wound over the temporal region, parietal region, right hand and on the tibia.
One of the persons cried that the deceased had expired.
During the occurrence, the accused were also throwing stones on the deceased and P.Ws.
1 and 4 received a number of injuries on vital parts.
This is a case where a large number of accused as many as 13 or 14 variously armed went to the house where the deceased as well as P.Ws.
In that view of the matter the High Court found them also guilty.
Those four petitioners Nos.
P.W. 4 also came there and some others gathered there.
Next day at about 10 00 a.m. again P.W. 1 had gone for watering his cattle and at the same time, A 1 had also gone for watering his cattle and was returning home after his cattle had drunk water.
Jayachandra Reddy, J. Thirteen accused companyvicted by the High Court preferred a special leave petition.
1 and 4, the High Court held that the companymon object of the unlawful assembly was to companymit the culpable homicide and accordingly altered the companyviction and companyvicted each of them under Section 304, Part I, I.P.C. as stated above.
The doctor who examined P.W. 1 found on him three injuries on the chest, middle finger and thigh.
The Trial Court acquitted Original Accused Nos.
1 and 4 companycealed themselves in the house of their uncle Chhela Vala.
1 and 4.
