LAWS(GJH)-2011-7-24

ABDULBHAI SAMRATBHAI SIPAHI Vs. STATE OF GUJARAT

Decided On July 08, 2011
ABDULBHAI SAMRATBHAI SIPAHI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present appeal arises out of the judgment and order rendered by the learned Additional Sessions Judge, Mehsana, in Sessions Case No. 172/2004, on 9.3.2005, convicting Appellant No. 1 for the offences punishable under Sections 302 of the Indian Penal Code and Section 135 of the Bombay Police Act and Appellant Nos. 2 & 3 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code ["IPC" for short]. For committing offence punishable under Section 302 IPC, Appellant No. 1 has been sentenced to undergo life imprisonment and pay fine of Rs. 2000/-, in default to undergo S.I for 6 months. He has also been sentenced to undergo S.I for 3 months and to pay fine of Rs. 100/-, in default S.I for 15 days, for committing the offence punishable under Section 135 of the Bombay Police Act. Appellant Nos. 2 & 3 have been sentenced to undergo life imprisonment and to pay fine of Rs. 1000/-, in default to undergo S.I for one month, for committing the offence punishable under Section 302 read with Section 34 IPC.

(2.) The prosecution case, in brief, is that on 20.6.2004 at about 7.30 A.M, when deceased Rahimbhai Mehmoodbhai had gone to answer the nature's call nearby the lake at village Lhor, Taluka: Kadi, District: Mehsana, the Appellants-accused, in collusion with each other, assaulted upon the deceased in furtherance of their common intention to cause death of the deceased, by keeping grudge against the complainant and deceased Rahimbhai, on refusal of hypothecation of their agricultural lands against the bank advance to be obtained by the Appellants-accused for purchasing a tractor. It is alleged by the prosecution that Appellant Nos. 2 & 3 caught hold of the deceased and Appellant No. 1 gave knife blows in the stomach of the deceased and thereby committed his murder.

(3.) The investigating officer registered the FIR and started investigation. The I.O recorded the statements of the complainant, doctor and other persons, who were found conversant with the facts of the case. On completion of the investigation, the Appellants were charge sheeted in the Court of learned J.M.F.C. Kadi, for the offences punishable under Section 302 read with Section 34 IPC and Section 135 of the Bombay Police Act. As the offence punishable under Section 302 IPC is exclusively triable by a Court of Sessions, the case was committed to Sessions Court at Mehsana, for trial, where it was registered as Session Case No. 172/2004.