CHAVDA JIVANJI CHELAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal as of right for the appellants. They were all acquitted by the trial court but on appeal by the State they were all convicted by the High Court under Section 302 read with Section 149 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) Seven persons were arrayed in the trial court for the murder of one Hariji Moghaji Chavda. After the trial, the verdict of acquittal was pronounced and when the appeal in the High Court was pending, two of them died. They were arrayed in the trial court as A. 1 and A. 2 bearing the names Manuji and Gajaji respectively. The substance of the case against all the accused was this: A. 1 to A. 4 were brothers and the remaining three were the sons of those brothers. Deceased had a field in the village adjacent to which the accused had another field. It appears that there was some boundary dispute regarding the aforesaid lands. A quarrel took place between some of the accused on the one side and the deceased on the other side just on the previous day of the occurrence of this case.

(3.) On the date of occurrence i. e. 28/5/1990 all the accused, some of them armed with 'dharia' (a stick with a sickle- shaped metal fitted at the top) and others armed with sticks crossed over to the land of the deceased. Some of the assailants shouted for attacking the deceased. All the accused thereafter showered blows on the deceased with 'dharia' or stick which each of them carried. Deceased fell on the ground, bled and died.