RAIJIBHAI DEVABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order rendered by Sessions Court, Nadiad in Sessions Case No.89 of 2005 on 17/02/2006. The appellants in these two appeals were accused No.1 and

(2.) BEFORE the trial Court and, they came to be convicted for the offence of murder of Raysangbhai Budhabhai punishable under Section 302 read with Section 114 of the Indian Penal Code and came to be sentenced to undergo imprisonment for life with a fine of Rs.100.00 each in default to undergo simple imprisonment for seven days. 2. The facts of the case in brief are that as per the prosecution case, the deceased ­ Raysangbhai Budhabhai was proceeding by the house of Shanabhai Shankerbhai at Village Morad of Tal. Petlad, on the bicycle alongwith his son ­ Hashmukhbhai, who on the carrier on 12/11/2004 at about 10:00 a.m. At that time, he was intercepted by accused No.1 ­ Raijibhai Devabhai Parmar and immediately Raijibhai Devabhai Parmar inflected a Dhariya blow on head of the deceased. Thereafter, came accused No.1 ­ Arvindbhai Raijibhai, who was also armed with Dhariya and inflicted a Dhariya blow on the leg of the deceased. A third assailant ­ Jagdish Raiji juvenile offender was also present. He was allegedly armed with a hockey and he also inflicted blow on the deceased.

(3.) HEARD learned Advocate Mr.Barot for the appellants and learned Additional Public Prosecutor Mr.Kodekar for the respondent.