VIPULBHAI PARSHOTTAMBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals arise out of common judgment and order rendered by learned Additional Sessions Judge, Vadodara on 26.07.2004 in Sessions Case No.61 of 2003, convicting the appellants-accused for the offence of murder of Ashok Ramanbhai Solanki punishable under Section 302 read with Sections 34 and 149 of the Indian Penal Code, 1860 ('IPC' for short) and sentencing each of them to imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for six months. However, no separate sentence has been awarded for the offence punishable under Sections 323, 147, 148, 149 of the IPC and Section 135 of the Bombay Police Act, 1951 ('the B.P. Act' for short).

(2.) Before us, two criminal appeals have been filed. Criminal Appeal No.1387 of 2004 has been filed by original accused Nos.5 to 8 (for short "A5", "A6", "A7" and "A8" respectively), whereas Criminal Appeal No.1489 of 2004 has been filed by original accused Nos.1 to 4 (for short "A1", "A2", "A3" and "A4" respectively). As both these appeals arise out of the aforesaid common judgment and order dated 26.07.2004, they have been heard together and are being disposed of by this common judgment.

(3.) The case of the prosecution briefly summarized is that Ashok Ramanbhai Solanki (the deceased) and the appellants herein are the residents of Gajarawadi area of Vadodara City. That prior to the date of incident the accused had quarrel with regard to decoration at the temple of Goga Pir and that the accused had a grudge against the deceased and that they constituted an unlawful assembly and on 15.12.2002 at around 8:30 p.m. they gave fist blows, fell him down and assaulted the deceased with deadly weapons like swords and iron pipe and gave blows with the weapons in their possession. Thereafter, father of the deceased as well as other neighbours took the deceased to SSG Hospital, Vadodara where the doctor declared him dead.