MANAJI KALUJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These Appellants have been charged before the Additional Sessions Judge, Mehsana for the offences under Sections 302 and 324 read with Section 34, I.P.C. The learned Additional Sessions Judge acquitted all the accused. Aggrieved by the same, the State preferred the appeal and the Division Bench of the High Court of Gujarat reversed the finding of the Sessions Judge and found all the three accused guilty of offence punishable under Section 302 read with Section 34, I.P.C. and they were sentenced to undergo imprisonment for life and also a fine of Rs. 1,000 was imposed and in default, to undergo rigorous imprisonment for a period of one month. They were also found guilty of offence punishable under Section 324 read with Section 34. The three accused preferred the present appeal challenging their conviction and sentence. After the filing of the appeal, the second Appellant Sardarji Shankerji Thakor passed away and his appeal is thus abated.

(2.) We have heard the counsel for the Appellants and also counsel for the State.

(3.) The incident occurred on 1.7.1983 at about 1.30 p.m. in Village Kharivavadi in Patan taluka in Mehsana district. The deceased Ranaji Navalsinh and Lakshmanji Jethaji were proceeding through the village street in a tractor to the house of the deceased for lunch and when they reached in front of the house of accused No. 2 Sardarji Shankerji Thakor, all the three accused who were in their house on seeing the deceased Ranaji and Lakshmanji they started abusing. According to the prosecution, the son of Manaji was killed by some assailants previously and the complainants were suspected to have some involvement in that matter. It is alleged that the Appellants had assaulted Ranaji. According to the prosecution, accused No. 1 started hurling abusive words and the second accused Shankerji Thakor gave a blow with dharia on the head of Ranaji. Thereafter accused No. 1 Manaji also gave a blow on the right side of head of Ranaji. Accused No. 3 had given a blow on the left-hand wrist of Ranaji and he also gave a blow on the back with dharia. Thereafter injured Ranaji became unconscious and fell on the ground. Some others intervened and therefore, the Appellants had fled from that place. Ranaji was taken to the Government Hospital at Patan and he died.