Pathubha Govindji Rathod & Anr Versus State of Gujarat

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2282 OF 2014

Pathubha Govindji Rathod & Anr … Appellants

Versus

State of Gujarat … Respondent

 

Prosecution story, in brief, is that complainant Satish Jotva (PW-42) used to live with his family in Village Arena. On 2.9.2003 his uncle Bhurabhai Jivabhai (PW-46) was going to his field on a bicycle. At about 10.30 a.m., he was intercepted by Pathubha Govindji Rathod (appellant no. 1) near bus stand. Accused/appellant no.1 picked up a quarrel with Bhurabha Jivabhai as to why he supported NathaNagabhai (one of the deceased) in Gram Panchayat Election with whom the accused/ appellant no.1 was not having cordial relations. Meanwhile Natha Nagabhai came there and joined Bhurabhai Jivabhai in the quarrel. This led heated exchange of words between both the sides, and crowd gathered there. Accused/Appellant no.1 was joined by his other supporters (co-accused), who were armed with deadly weapons like swords, knives and sticks. Out of the accused persons, accused Pathubha Govindji was armed with revolver, and accused Bhavubhai Gagubhai, Bhuraji Gaguji,Kirit Jesing and Punjaji Muluji were armed with swords. Accused Mala Gaguji was armed with knife. Rest of the accused Gaguji Manji, Gomubha Halarwadi, Navalsinh Motisinh, Kanubha Jesangji, Dhiru Jesing, Kiritsinh Punjajai,Veraji Punjaji, Jayubha, Samatsinh, Sidharajsinh Manji,Bharat Manji, Kanu Bhai Devu bhai and accused/appellant no.2 Hemubha Govindji were armed with sticks. On hearing the noise, complainant Satish Jiva Jotva (PW-42) and his another uncle Bhimshi Jiva (PW-47), father of the complainant Hamir Nagabhai (another deceased), Malde Nagabhai (PW-43), Bhurabhai Jivabhai (PW-46), Punjabhai Bhimshibhai (PW-44), Jagmal Jivabhai (PW-45) and someother villagers also gathered there. When the quarrel further aggravated between the two sides, accused/appellant no.1 Pathubha Govindji exhorted his supporters to kill Natha Nagabhai and teach lesson to other supporters. Thereafter, accused/appellant no.1 Pathubha Govindji himself took out revolver from his pocket and fired at him. Natha Nagabhai suffered bullet injuries on the stomach and fell down. In the incident, Bhimshibhai who was attacked with sword suffered injury on his head. Bhavubhai Gagubhai assaulted Punja Bhimshi with sword in his hand, and he also suffered injury on his head. Punjaji gave blow to Bharat Jiva on his head, Gomubha Halarwala gave blow on the head of Jagmal Jiva. Accused/appellantno.2 Hemubha Govindji inflicted injury with sword on the head of Hamir Nagabhai. Accused Malde Nagabhai Jotva assaulted with stick to some other persons. Several persons suffered injuries in the incident on both sides. According to prosecution, after the incident complainant took his uncle Natha Nagabhai on his motor cycle to Mangrol Government Hospital, and other injured persons were also taken on rickshaw to said Hospital for medical treatment. Out of the injured Natha Nagabhai, Bhimshi Jivabhai, Hamir Nagabhai,Bhura Jivabhai, Malde Nagabhai, Punjabhai Bhimshibhai,Jagmal Jivabhai were shifted to Junagarh Hospital for further treatment. In the incident Natha Nagabhai and Hamir Nagabhai succumbed to the injuries and died….read more