HARDEV BHANJI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under S. 379, Cr. P.C. read with S. 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. The appellant is the original accused No. 2. He along with his father Bhanji Shamji Joshi (A1) was tried for offence punishable under S. 302 read with S. 34, IPC. The charge was that on 25-12-77 at about 6 p.m. both of them in furtherance of their common intention caused the death of Dhuda Ramsang, the deceased in the case and they also caused injuries to P.W. 2, the father of the deceased thereby committing an offence punishable under S. 325/34, IPC. On behalf of the accused a plea of self-defence was set up and the trial court accepted the plea and acquitted both the accused. The State preferred an appeal against the said order of acquittal. A division Bench of the High Court confirmed the acquittal of A-1 and convicted A-2, the appellant before us under S. 302 simpliciter and sentenced him to undergo imprisonment for life. The High Court disagreed with the finding of the trial court that the accused had right of self-defence.

(2.) Learned counsel for the appellant submitted that the view taken by the Sessions Court is reasonable under the circumstances of the case and that the accused had reasonable apprehension that the deceased was likely to cause grievous hurt or death to them and therefore. in exercise of right of self-defence they caused the death of the deceased and also caused injuries to P.W. 2.

(3.) The prosecution case is as follows: The accused, the deceased and P.W. 2 belong to the same village Nanota. On 25-12-77 sometime in the evening P.W. 2 was at his field and he was returning to his house. He saw A-1 and A-2 planting some cactus plants near the border of their field. On seeing them P.W. 2 questioned as to why they were planting like that. Thereupon a quarrel ensued and A-1 abused him. P.W. 2 questioned as to why he was abusing. Thereupon, it is alleged that A-1 dealt a dharia blow in his back. P.W. 2 raised an alarm. The deceased, son of P.W. 2, came rushing from another field and seeing him A-1 dealt a dharia blow and A-2 dealt a pick axe blow on his head with the result he fell down and died. The injured were placed on a cart and they were taken to the hospital. The Doctor was not available there. P.W. 2 however gave a report at the Shihori Police Station. An inquest was held and thereafter the Doctor examined P.W. 2 and also conducted the post-mortem on the dead body of the deceased. On the deceased he found the following injuries: