STATE OF GUJARAT Vs. PATEL GANDU KARAMSI

JUDGEMENT

(1.) Present appeal u/s. 378 of the Code of Criminal Procedure, 1973 arises out of the judgment and order dated 11th October 1990 passed by the learned Additional Sessions Judge, Jamnagar (hereinafter referred to as 'the learned Sessions Judge') in Sessions Case No. 39 of 1983, whereby, the learned Sessions Judge was pleased to acquit all the accused of the charges under Sections 302, 143 r/w. Section 149 of the Indian Penal Code (IPC).

(2.) Learned advocate for the respondents submitted that respondent No. 1 original accused No. 1 Gandubhai Karamsibhai has expired on 9th May 2003 and has submitted zerox copy of the Death Certificate issued by the concerned Sub-registrar, Office of Births and Deaths Registration, situated at South Zone, Udhna, Surat Municipal Corporation. Accordingly, the appeal is abated qua him.

(3.) Brief facts of the prosecution case are that since last about two years of the incident (occurred on 27/06/1981), there was a dispute between the deceased and the accused about the 'Shedha' of the land known as 'Gadadhar'. Hence, respondent No. 1 Gandu Karamsi, respondent No. 2 Kesha Karamsi and Bhimji Karamsi had got measured the land and also got decided the 'Shedha' of the land only before 4-5 days of the incident, which had occurred on 27/06/1981, in presence of the Up-sarpanch and other eminent people of the village. On the day of the incident i.e. on 27/06/1981, deceased - Virji Ghela along with his deceased wife Kanchanben had gone for sowing the land together with their minor daughter Chandrika. At that time, the accused herein along with juvenile delinquent Bhimji Karamsi assaulted Virji Ghela with axe and sticks and Virji Ghela fell down. On seeing this, his wife Kanchanben, who was working at some distance in the field, rushed there. The accused herein and juvenile delinquent assaulted her also with axe and sticks. Accordingly, they both received grievous injuries and ultimately they succumbed to the injuries. Accordingly, the accused alleged to have committed the offence as above for which complaint had been lodged against them.