MANSUKHBHAI CHOTUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of a judgment and order rendered by Sessions Court, Bharuch camping at Rajpipla on 30/11/2005 in Sessions Case No.78 of 2005 convicting both the appellants for the offence punishable under Section 302 r/w Sections 114 and 34 of the Indian Penal Code and sentencing both of them to undergo imprisonment for life with a fine of Rs.500/ - in default to undergo eight days SI.

(2.) APPELLANT Mansukhbhai Chhotubhai Vasava in Criminal Appeal No.45 of 2006 was A -1 and appellant Shakriben @ Amthiben Mansukhbhai Vasava in Criminal appeal No.1142 of 2010 was A -2 before the trial Court. The appellants are referred to in this judgment with their original status of accused in the trial Court for the sake of convenience.

(3.) THE alleged incident took place on 06/06/2005 at about 11:30 a.m., in the house of A -1 where deceased Maheshbhai Motibhai Vasava was invited through A -2 for a settlement. After the deceased Maheshbhai arrived, he was assaulted upon by A -1 with axe which resulted into his death. Two blows were given to deceased on neck and chest. In this context, an FIR was lodged by brother of the deceased Shuklbhai. On the basis of which, offence was registered and having found sufficient material to connect the accused persons with the offence, filed charge -sheet in the Court of learned JMFC, Rajpipla, who in turn, committed the case to the Sessions Court and Sessions Case No.78 of 2005 came to be registered.