CHANDUBHAI SHANABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment dated 21st Oct. 1976 of the High Court of Gujarat affirming the conviction of the appellant in respect of an offence under S. 302 read with S. 34 of the I. P. C. as also of one under S. 326 of that Code and upholding the sentence of imprisonment for life on the first count and of rigorous imprisonment for a year coupled with a fine of Rs. 300 on the second.

(2.) The appellant was tried along with 10 others on the murder charge. It was the case for the prosecution that all the 11 accused had intentionally caused the death of one Bawaji in prosecution of their common object, or, in the alternative in furtherance of their common intention. The charge under S. 326 of the I. P.C. arises out of an injury suffered by Shakrabhai Bavabhai (P. W. 7), according to whom it had been inflicted by the appellant.

(3.) The occurrence is said to have consisted of two incidents, which took place in village Khandhali on the third February, 1975 one at the Irrigation Store and', the other at the house of the deceased. In the first incident the culprits were said to be accused Nos. 1 to 3 (accused No. 2 being the appellant before us). In the other incident all the 11 accused were said to have participated and that is the incident which, according to the case of the prosecution, resulted in the death of the victim. The ocular evidence consisted of the testimony. of Bai Mani (P. W. 1), Bai Laxmiben (P. W. 5) and Bai Shantaben (P. W. 6), who are the widow, the daughter and the brother's wife respectively of the deceased. Both the courts found that this testimony was unreliable in numerous particulars and it was on that account that the co-accused of the appellant were acquitted in two stages.