RATILAL FULABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants have preferred this appeal and challenged the judgement and order of conviction and sentence passed by learned Additional Sessions Judge, Fast Track Court, Vadodara, on 26.8.2005 in Sessions Case No. 288 of 2004 convicting them for the offence under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life and fine of Rs. 1000/- each and in default, to undergo simple imprisonment for 15 days.

(2.) The appellants accused with seven other persons were prosecuted for offences punishable under Sections 143, 147, 148, 302, 323, 337, 504 read with Section 149 of the Indian Penal Code and Section 37(1) of the Bombay Police Act.

(3.) According to the prosecution case, on 24.7.2004 at about 10.30 in the morning when Mumtazben, mother of the first informant, was making hedge, Leelaben - wife of Ratilal, asked as to why she was making hedge and thereafter accused Fulabhai came there and gave abuses to Mumtazben. Accused Ratilal came with stick and gave stick blow on the head of Mumtazben. On account of assault Mumtazben fell down and accused Bhavsingh also hit stick blow on the head of Mumtazben. The other accused also came there and hurled abuses and started pelting stones on Mumtazben. Javedbhai, maternal uncle of the first informant also came running there. He tried to intervene when accused also gave him a kick blow. On account of injuries, Mumtazben fell unconscious. She was taken to hospital and ultimately, she succumbed to the injuries.