DAHYABHAI AMBARAM SOLANKI CHAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellants, herein, came to be tried and convicted by Sessions Court, Mehsana, in connection with Sessions Case No. 125 of 2006. for the offence punishable under Section 302. read with Section 114 of the Indian Penal Code, for committing murder of Jagdishbhai Chhaganbhai Solanki (Chamar) on 10-6-2006, around 8-30 p.m., in the outskirts of Village Matasar, Taluka Bechraji, on the bank of river Rupen. The Appellants are sentenced to undergo imprisonment for life with fine of Rs. 1,000/-, and in default to undergo rigorous imprisonment for a period of three months, by judgment and order dated 8th December, 2006.

(2.) The prosecution case in brief is that, one Chehaji Khodaji Thakor, who was passing by the place of incident around 8-30 p.m., on the date of incident noticed the Appellants assaulting the deceased Jagdishbhai Chhaganbhai Solanki (Chamar) with stick. According to him, he saw the occurrence in the ravines of river Rupen. He, however, left the place of incident, without either intervening or raising any alarm. Upon reaching the village, it emerges from his evidence that he came across one Babuji on the outskirts of the village and told him about having seen the incident. Then, he went to Pratapji Becharji Thakor, the Sarpanch of the village Matasar and told him about having seen the incident, who, in turn informed the Sarpanch of village Karansagar, Kalabhai Punjabhai Chamar. According to the witness, thereafter, they went to the place of incident, where the deceased was lying. The witness has stated that, at that time, the deceased orally indicated that two persons had assaulted him. On receiving the information, the Sarpanch of Karansagar village, also came to the place, where the deceased was lying. The deceased was then taken to the hospital in a tractor and then, an F.I.R. was lodged before the Bechraji Police Station, on basis of which, an offence was registered and investigated. Upon investigation, the police having found sufficient evidence against the Appellants, filed charge-sheet against them in the Court of Chief Judicial Magistrate, Mehsana, who in turn committed the case to the Court of Sessions, Mehsana and Sessions Case No. 125 of 2006 came to be registered.

(3.) Mr. Mrudul Barot, learned Advocate appears for original accused No. 1-the Appellant in Criminal Appeal No. 1 of 2007, whereas Mr. Ashish M. Dagli, learned Advocate appears for original accused No. 2, the Appellant in Criminal Appeal No. 2810 of 2008 and Mr. K. L. Pandya, learned A.P.P., represents the Respondent-State, in both the appeals.