MAHADEVJI RAYAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellants have preferred these appeals under section 374 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence rendered by learned Additional Sessions Judge, 3rd Fast Track Court, Banaskantha at Palanpur on 17.12.2003 in Sessions Case No.176 of 2000 convicting them for offences punishable under section 302 read with section 147, 148 and 149 of the IPC and also under section 135 of the Bombay Police Act and sentencing them to various sentences.

(2.) According to the prosecution case, on 17.6.2000 at about 5:00 in the evening, when the complainant Swaroopji and his son Kanchanji were at the borewell in their field, accused Suraji Nagjiji came there in inebriated condition, therefore, Swaroopji and his son Kanchanji rebuked him. Thereafter, they returned home and again went to borewell in their field with Bhikhaji Oghaji and Amraji Gambhirji at about 8:30 at night. When they reached at the borewell in a jeep, the accused formed unlawful assembly with object to make deadly assault armed themselves with deadly weapons. Accused Suraji called deceased Kanchanji on the pretext of talk and accused Vikramji @ Tikaji, accused Nagjiji Vihaji and accused Jivanji Ishwarji caught hold of Kanchanji and accused Suraji Nagjiji and accused Mahadevji Rayaji made assault with knife and caused injuries on chest, stomach and neck of Kanchanji. On account of the injuries, Kanchanji died.

(3.) On the basis of the first information report lodged by PW 4 Swaroopji Harchandji, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the aforesaid offences. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No.176 of 2000. The learned Additional Sessions Judge framed charge Exh-12 for the aforesaid offences against the accused. Charge was read over and explained to them. The accused denied having committed the offences and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to them. The accused in their further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that they are innocent. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the the accused and sentenced them as mentioned hereinbefore. Being aggrieved by the said decision, the accused have preferred these appeals.