BHAYLALBHAI MANGABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant is convicted by the Sessions Court, Chhota Udepur for the offence of murder of one Kanaksing Bhimsing Rathwa by inflicting a Dharia blow on the head of the deceased. The incident occurred on 12.7.2003 at about 2 -30 PM at village Ghagharpura of Jetpur Pavi taluka of Baroda district. The deceased happened to be the nephew of the appellant. The appellant, Bhimsing, father of the victim, and Khumansing are brothers and were having some disputes regarding land. On the day of the incident, the appellant had gone to the house of Amrutbhai Vechatbhai, who is also his nephew. The appellant, Bhimsing, father of the deceased, and Vechatbhai were there. After sometime Khumansing joined them. They had some discussion about the property dispute, followed by an altercation, and then the fight. The appellant was attacked upon with a wooden log by Bhimsing, whereas his wife was attacked by Bhimsing, Kanaksing and Vijay. While the episode was on, the appellant rushed to his house, which was located at a short distance of about 70 feet, and came back with a Dharia and inflicted a blow on the head of Kanaksingh, as a result of which, Kanaksing fell down and the appellant went away. The deceased was taken to hospital by relatives. From Jetpur Pavi hospital, he was referred to SSG Hospital, Baroda, but while he was being taken to SSG Hospital, Baroda, he succumbed to the injuries. An FIR was lodged by Bhimsing Manga Rathwa. On the basis of the FIR, an offence was registered by Jetpur Pavi police and investigated. Having found sufficient material, a charge -sheet was filed in the Court of JMFC, Chhota Udepur, who, in turn, committed the case of the Court of Sessions.

(2.) SESSIONS Case No. 83 of 2003 was registered. Charge was framed against the appellant at Exh.3 for the offence of murder and offence punishable under Section 135 of the Bombay Police Act, to which he pleaded not guilty and claimed to be tried.

(3.) THE trial Court having found that the charge of murder was proved, convicted him for the same and sentenced him to undergo imprisonment for life with a fine of Rs. 1,000/ -, in default, to undergo SI for one month. He came to be acquitted for the offence punishable under Section 135 of the Bombay Police Act. This appeal challenges the judgment and order rendered by Sessions Court, Vadodara at Chhota Udepur on 17.1.2005 in the said Sessions Case No. 83 of 2003.