It is further alleged that A 3 voluntarily thrust a crow bar into the neck of the deceased and other accused dealt some blows.
1 and 5 also received injuries.
The companyplainant Prabhudas also went to the Police Station, Kalol at about 7.45 p.m. and gave a report.
They along with five others were tried for offences punishable under Sections 147, 148, 302, 324, 426 and 447 read with Section 149, I.P.C. The trial Court acquitted all of them.
500/ or in default to undergo further two months R.I. The other accused were acquitted.
He was taken in a camel cart to the Government Hospital Kalol.
There was a dispute regarding a right of way and also regarding companystruction of wall, between the deceased and his brother on one side and the accused on the other.
Thereafter the companyplainant Prabhudas and younger brother Vardhabhai and others went to the Hospital where they were treated for the injuries.
Thereafter all the accused left the scene of the occurrence.
The trial Court discussed the evidence in detail and ultimately held that the incident must have happened in such a way that these persons must have started quarrelling and that the accused Nos.
1 and 5 also in turn must have caused injuries to the deceased and the companyplainant.
It is alleged that all the eight accused formed an unlawful assembly on 7th March, 1978 at about 4 oclock near the village Dhanaj, Distt.
The accused were number armed with sharp edged weapons, on the other hand they were having agricultural implements.
3 Patel Rasiklal Becharbhai Under Section 302, I.P.C. and sentenced him to undergo imprisonment for life.
Among them A 3 Patel Rasiklal Becharbhai was armed with a crow bar and others were armed with sticks.
4 Patel Naranbhai Shivram and accused No.
It is alleged that at about 4 p.m. they came near the field and in the meantime all the accused came armed.
In appeal against the acquittal the High Court reappraised the evidence and held that the weapons which the accused respondents were carrying with them were agricultural implements which the farmers usually carry and possess.
Mehsana and in pursuance of the companymon object they attacked the deceased and inflicted injuries on PWs.
These three companyvicted accused have preferred this appeal.
In that view of the matter, the High Court companyvicted the accused No.
During the companyrse of the occurrence accused Nos.
Accused No.
The trial Court ultimately held that the prosecution failed to prove its case against any of them and accordingly acquitted all of them.
P.W. 3 the doctor companyducted the post mortem examination and he also treated the injured as well as A 1 and A 5.
On the day of occurrence i.e. 7 3 78 at about 2 p.m. the companyplainant and his elder brother and his younger brother had gone to see the plantations in the field.
The State preferred an appeal and the High Court took the view that each of the respondents would be liable for his individual act.
8 Patel Shankerbhai Ramdas were companyvicted under Section 324, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.
On 5 3 78 companyplainant Prabhudas and Vardhabhai had watered the field and this water was taken from the well situated in the field of witness No.
2 and 5.
It was numbericed that there was an injury on the neck of the deceased and he was profusely bleeding.
The Police Inspector registered the case and laid the F.I.R. The inquest was held and the dead body was sent for post mortem examination.
On the way the deceased succumbed to the injury.
There are three appellants before us.
There was a quarrel and it was also numbered by the High Court that the deceased rebuked A 3 which infuriated him and he having lost his tamper inflicted one blow but unfortunately it fell on the neck.
The witnesses intervened.
