PRAKASHBHAI CHANDUBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order passed by learned Additional Sessions Judge, Vadodara on 20.10.1999 in Sessions Case No.43 of 1998, convicting the appellants-accused for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) and sentencing them to rigorous imprisonment for life for the offence punishable under Section 302 of the IPC and imposing a fine of Rs.500/- each, in default, to undergo further simple imprisonment (S.I.) for 15 days. Further, appellant No.1-Prakash Chandubhai Barot (original accused No.1) was ordered to suffer S.I. for a period of one month and imposing fine of Rs.100/-, in default, to undergo further S.I. for six days for the offence punishable under Section 135 of the B.P. Act. The sentences imposed are to run consecutively.

(2.) For the sake of convenience, original accused No.1, Prakash Chandubhai Barot, who is appellant No.1 herein, is addressed to as Accused No.1 (A-1) and original accused No.2 Jaggu @ Jagdishbhai Chandubhai Barot, who is appellant No.2 herein, is addressed to as Accused No.2 (A-2) and original accused No.3 Nirmalaben @ Niruben Chandubhai Barot, who is appellant No.3 herein, is addressed to as Accused No.3 (A-3) in this judgment.

(3.) The short facts of the prosecution case are that on 07.08.1997 between 3:00 p.m. to 3:30 p.m. on information received from the son of deceased-Premilaben (hereinafter referred to as "the deceased" for the sake of convenience), PW-1, Bhartiben Kishorbhai Barot, PW-2, Narmadaben wd/of Narayanbhai, and PW-3, Jayeshbhai Narayan Barot, (hereinafter referred to as "PW-1", "PW-2" and "PW-3" respectively for the sake of convenience) went to Atma Jyoti Ashram and when they were reached near Atma Jyoti Ashram by an auto rickshaw around 4:30 p.m., they found that A-2 had caught hold of the deceased and A-3 was instigating A-1 and A-2 to 'pierce the deceased' with knife by saying 'bhichkavi de' and A-1 inflicted blows with knife on the chest of the deceased. Thereafter, the deceased was taken to S.S.G. Hospital, Vadodara by PW-1, PW-2 and PW-3, however, she succumbed to the said injuries and that thereby all the accused have committed offences punishable under Section 302 read with Section 34 of the IPC and Section 135 of the B.P. Act.