KANTIBHAI P TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals have been preferred by these four appellants, one through their lawyer and the other through jail, against the judgement and order dated 31st July 1990 of the learned Additional Sessions Judge, Vadodara in Sessions Case No.12 of 1990, by which all the appellants - original accused persons were convicted for the offence under section 302 read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life.

(2.) The prosecution version was that, on 29th October 1989, at about 3.00 p.m., the accused No.1 - Kantibhai Panchabhai Tadvi armed with an axe, the accused No.2 Kanubhai Chhaganbhai Tadvi armed with a stick, the accused No.3 - Rameshbhai Ramabhai Tadvi armed with a crowbar and the accused No.4 - Bhagabhai Chhaganbhai Tadvi armed with a stick, came near the house of Somabhai Panchabhai, who was the brother of the accused No.1 Kantibhai Tadvi and also closely related to the other accused persons and attacked Somabhai with these lethal weapons, causing his death. According to the prosecution, this incident had occurred after there was, in the morning, an altercation between Somabhai and Kantibhai in presence of a witch-doctor. Somabhai had asked Kantibhai to identify the Goddess or God after whom the `lemon' was named. After the quarrel, Somabhai had gone to his house and had his meals and while he was near his compound (vada), all these accused attacked him causing him serious injuries, which resulted in his death on the spot. According to the prosecution version, the wife and daughter of Somabhai had seen these accused persons attacking him and causing his death. A neighbour Somsinh Ramsinh, PW-5 is also said to have seen the incident. The F.I.R. at exh.12 was given by Santokben widow of deceased Somabhai in which the names of all the four accused persons were disclosed and the aforesaid incident was narrated.

(3.) The Charge was framed by the learned trial Judge at exh.3, alleging that all these accused persons had acted in a concerted manner, and, in furtherance of their common intention to cause death of Somabhai, they attacked him with the lethal weapons. In the process, the accused No.1 gave axe blows, the accused No.2 gave stick blows, accused No.3 hit gave blows with a crowbar and the accused No.4 also gave stick blows on various parts of the body of Somabhai as detailed in the charge, which resulted in his death and all of them thereby, committed offence under section 302 read with section 34 of the Indian Penal Code.