STATE OF GUJARAT Vs. KUNVERSINH RAGHUBHAI PARMAR

JUDGEMENT

(1.) In Sessions Case No. 39/77 four accused were involved on a charge that on 1/08/1976 at about 5-00 p.m. at Vaghalkhod Taluka Valia they had formed a common intention to cause the death of Shashikant Kikabhai of Vaghalkhod and that in fraternize of that common intention they caused his death. The accused were charged under sec. 302 read with sec. 34 of the Indian Penal Code and alternatively they were charged under; sec. 302 read with sec. 109 of the Indian Penal Code. It was further alleged against them that they had formed a common intention to voluntarily cause hurt to the same Shashikant with a view to obtain from him a confession and/or information which might lead to she detection of the offence of theft and in furtherance of that common intention they had voluntarily caused hurt to him. Hence these four accused were further charged under sec. 33J read with sec. 34 of the Indian Penal Code and in the alternative each one of them was charged under sec. 330 of the Indian Penal Code. Each one of them was further charged with the offence of having caused hurt to Shashikant and it was alleged that each one of them had committed an offence under sec. 323 of the Indian Penal Code.

(2.) The learned Sessions Judge Broach by his judgment and order dated 9/03/1928 acquitted all the four accused from the charge under sec. 302 read with sec. 34 of the Indian Penal Code as well as from the charge under sec. 302 read with sec. 109 of the Indian Penal Code.

(3.) So far as the accused No. 1 Kunversinh Raghubha Parmar P. S. I. Valia Police Station is concerned he was acquitted from all the charges levelled against him so far as accused Nos. 2 3 and 4 who were at the relevant time Police Constables at Valia Police Stationer concerned they were found guilty of the offences punishable under sec. 330 read with sec. 34 of the Indian Penal Code and so far as the charge under sec. 323 of the Indian Penal Code is concerned they were even crated of the charge. The accused Nos. 2 3 and 4 were each sentenced to suffer two years rigorous imprisonment and to pay a fine of Rs. 100.00 and in diorite of payment of fine to suffer rigorous imprisonment for a period of further one month.