ASHOKBHAI MAGANBHAI MORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two criminal appeals arise out of the judgment and order rendered by the Sessions Court, 6th Surat in Sessions Case No. 136/2001 on October, 2004.

(2.) The appellant in Criminal Appeal No. 1985/2004 Ashok Maganbhai More was accused no. 1, whereas, respondent Dhansukhbhai Mangubhai Rathod in Criminal Appeal No. 861/2005 was accused no. 2 before the Sessions Court. Both of them were charged for having committed murder of one Amrutbhai Ramdas and having caused hurt to witness Prahladbhai. Since these two appeals arise out of the same judgment and order, they are heard together and disposed of by this common judgment. For the sake of convenience, the appellant in Criminal Appeal No. 1985/2004 and respondent in Criminal Appeal No. 861/2005 are addressed to by reference to their original respective accused number before the trial court in this judgment.

(3.) As per the prosecution case, the incident occurred on 28.4.2000 at about 2.30pm, near Sheri No. 3-4 of New Colony at Mandarwaja area of Surat, where, it is alleged that, both the accused persons came to the spot. A-1 was armed with gupti and A-2 was armed with hockey. A-1 inflicted gupti blow to deceased Amrutbhai, whereas, A-2 gave two hockey blows to deceased Amrutbhai on his back. As per the prosecution case, the incident was seen by PW-3 Dadabhai, PW-8 Chandrakant @ Chandu Mohanbhai and PW-2 Prahladbhai. Upon intervention by Chandrakant @ Chandu Mohanbhai, A-2 inflicted hockey blow to him, whereas, upon intervention by Prahladbhai, an injury with gupti was caused on his palm by A-1.