SHANTILAL KURJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 22.3.2000 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case No.56 of 1996 whereby the trial Court has convicted the appellant with other accused and sentenced them for imprisonment for life with fine of Rs.1000/-, in default thereof, to undergo simple imprisonment for thirty days.

(2.) The prosecution case before the trial Court was that on 31.1.1996 one Kantilal Laxmidas filed a complaint (Exh.29) alleging that on the date of incident at about 9-00 AM, his father went by taking his bullock-cart to the agricultural farm. At that time, Madhavjibhai Ramji, his uncle, and five others came there, armed with weapons like axe, spear, pipe etc. to collect cotton crop. It was further alleged that on refusing to do so by his father, all the six persons got enraged and started beating his father. It was further alleged that accused Shantilal Kurjibhai (A1) caused injury on the head of his father with axe and accused Madhavji Ramji (A5) hit left leg of his father by stick with iron ring. It was also alleged that accused Kanulal Kurji (A2) caused injury by spear on the right leg and accused Mansukh Popat (A6), accused Laxmidas Karsan (A3) and accused Raju Madhavji (A4) beat him with stick and fist and kick blows. It is further alleged that on account of assault, his father was taken to village in the bullock-cart and thereafter taken to Junagadh Government Hospital for treatment. During the treatment, his father expired.

(3.) On the basis of the complaint, offence was registered for the offences punishable under Section 302 read with Sections 147, 148 and 149, alternatively, under Section 302 read with Section 120B of IP Code and investigation started. The appellant-accused with other five accused was arrested during the course of investigation. At the end of investigation, charge-sheet came to be filed against the accused for the aforesaid offences. As the offence of murder was triable by a Court of Sessions, the case was committed to the Sessions Court and it was registered as Sessions Case No.56 of 1996.