RAMANBHAI NANJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants-original accused Nos. 1 to 4, by filing this appeal, have challenged the impugned judgment and order dated 5-11-1990 passed by the learned Addl. Sessions Judge, Himmatnagar (District: Sabarkantha) in Sessions Case No. 14 of 1990, convicting appellants-accused for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as "I.P.C.") and sentencing them to suffer R.I. for life.

(2.) The appellants were charged by the learned Sessions Judge, Himmatnagar (District : Sabarkantha) for intentionally and knowingly causing serious injuries to one Ramanbhai Bachubhai (deceased) with weapons like knife (khanjar), gupti, dharia and stones, resulting into the death of the injured Ramanbhai. In other words, as per the prosecution case, the appellants-accused caused injuries, with common intention, to the deceased knowing that the same would result into death of deceased Ramanbhai, and thereby, committed offence punishable under Sec. 302 read with Sec. 34 of I.P.C. All the accused were charged for the offences punishable under Secs. 302, 504 read with Sec. 34 of the I.P.C. After the trial, learned Sessions Judge, vide impugned judgment, convicted the appellants- accused for the offence punishable under Sec. 302 read with Sec. 32 of the I.P.C., and sentenced them to suffer R.I. for life. However, vide the said judgment, learned Sessions Judge acquitted the appellants-accused for the offence punishable under Sec. 504 of I.P.C.

(3.) The case of the prosecution, as unfolded by the first document i.e. F.I.R., lodged by complainant P.W. 2 Dasharathbhai Maganbhai (Exh. 14) reveals that all the accused, on 30-10-1989 at about 4.30 p.m., at village Vankada, in furtherance of their common intention to commit murder of Ramanbhai Bachubhai, accused No. 2 gave gupti blow on the neck of Ramanbhai Bachubhai and accused Nos. 1, 3 & 4 pelted stones, and thereby, caused injuries to said Ramanbhai Bachubhai. It is pertinent to note that during the course of investigation, the prosecution moulded its case to some extent. It is specifically pleaded that one of the accused was holding dharia and another was with knife and they assaulted deceased Ramanbhai Bachubhai. F.I.R., lodged at Vijaynagar Police Station on the next day of the incident i.e., on 31-10-1989 reveals that the police had also registered offence punishable under Sec. 337 of I.P.C., and after investigation, challan under Sec. 173 of Cr.P.C. was filed accordingly before the learned Judicial Magistrate (First Class), Himmatnagar. Learned Sessions Judge, who framed the charge against the accused vide Exh. 2, while initiating trial against the present appellants accused, has not charged any of the accused for the offence punishable under Sec. 337 of the I.P.C.