ASHVINBHAI NANUBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order rendered by Sessions Court, Bharuch at Rajpipla, in Sessions Case No. 72/2005 dated 15.12.2005. Original accused no. 1 ­ Gulji @ Ambalal Chiman Tadavi is the appellant in Criminal Appeal No. 86/2006, whereas, original accused no. 2 -Ashvinbhai Nanubhai Tadavi is the appellant in Criminal Appeal No. 87/2006. Since these two appeals arise out the same judgment and order, they are heard and disposed of by this common judgment, and the appellants are referred to in this judgment by their original status of accused.

(2.) AS per the prosecution case, the incident occurred in early morning hours, i.e. 2.00 A.M. Of 17.4.2005 at village Mojra of Nandod taluka, District Narmada, outside the house of Ishwarbhai Manabhai Tadavi. AS per the prosecution case, two accused persons went to the house of Ishwarbhai Manabhai Tadavi. At the relevant time, A -1 was armed with Axe. Ishwarbhai was sleeping just outside his house along with his family members. A -1 inflicted an Axe blow on the face of deceased Ishwarbhai Manabhai. The relatives of the deceased, who were sleeping nearby, woke -up and accused persons ran away. It is the case of the prosecution further that A -2, at the time of the incident, had caught hold of the deceased with his legs, when A -1 had inflicted the Axe blow. AS per the prosecution case, the incident was seen by PW -1 ­ wife of the victim, who was sleeping next to him. The incident was also seen by PW -2 daughter of the victim, who was also sleeping there at the distance of about five feet. Rest of the witnesses, i.e. PW -3,4,6 and 7 were also sleeping nearby, but they woke -up late by fraction of moment and it is a matter of doubt as to whether they really could have seen the incident. AS per the prosecution case, PW -1 lodged the FIR with Garudeshwar Police Station, on the basis of which, offence was registered and investigated and ultimately, charge -sheet was filed in the Court of learned Judicial Magistrate, First Class, Rajpipala, who in turn, committed the case to the Court of Sessions and Sessions Case No. 72/2005 came to be registered.

(3.) LEARNED advocate Ms. Sadhna Sagar for the appellants and learned APP Mr. Neeraj Soni for the respondent -State are heard.