THAKARDA LALAJI GAMAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was convicted by the Sessions Judge of Mehsana of offences punishable under Sections 302 and 323, I.P.C. and sentenced to life imprisonment and three months' rigorous imprisonment respectively, the sentences running concurrently. The High Court of Gujarat had confirmed the convictions and the sentences awarded. The appellant had obtained special leave to appeal to this Court.

(2.) The incident giving rise to the appellant's prosecution is said to have occurred on 20th of June, 1968 outside the house of Mathurji, P.W.2, where the deceased Chanduji and Mohtaji, P.W.3 were aid to be sitting at about 6.00 P.M. in the evening Chanduji deceased is said to have gone there to obtain his share of the income of some mangoes sold by Mathurji, P.W.2. The appellant had a grudge against Chanduji, because of its suspicion that chanduji had illicit relations with his niece and had made her pregnant. There had been a quarrel between the two sides which had led to criminal counter cases relating to the same incident.

(3.) When the appellant saw the deceased sitting with Mathurji on the evening on 20-6-1968, he is said to have rebuked Mathurji for harbouring his enemy. There was an exchange of abuses, which was said to have led to an attack by the appellant on Mathurji, P.W.2, and on Mobtaji, P.W.3, who intervened. They are said to have received some blows with a stick. Thereafter, the appellant is said to have gone back to his house and returned with a dhariya or danti (scythe) and to have given two blows on Chanduji (deceased), one on the head and another on his arm. The deceased fell down and became unconscious. The appellant then left the scene of occurrence. Mathurji and Mohtaji busied themselves with removing Chanduji deceased to a Government Dispensary at Pethapur, 5 miles away. After that they are said to have for Ahmedabad on foot to inform Chanduji's father about the incident. They are said to have reached Ahmedabad, 18 miles away, on 21st June, 1968. Chanduji, who was removed to Civil Hospital at Ahmedabad, died at 10.00 P.M. on 23-6-1968. He is shown to have sustained the following injuries: