FATESINH JESINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 23 of 1998 is filed by Fatesinh Jesinh Parmar, original accused No. 1, against the judgment and order dated 13.11.1997 passed by the learned Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 53 of 1995, convicting the appellant-accused No.1 for the offence punishable under Section 302 IPC and sentencing him to suffer imprisonment for life and also to pay a fine of Rs.1,000.00 in default rigorous imprisonment for one month.

(2.) Criminal Appeal No. 52 of 1998 is filed by the State of Gujarat for challenging the same judgment and order by which the learned Sessions Judge, Sabarkantha acquitted the other accused of the offence punishable under Section 302 IPC read with Section 149 IPC. By the said judgment, the learned Sessions Judge convicted accused Nos.2, 6 and 13 for the offence punishable under Section 325 IPC and sentenced the said accused to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/= in default to undergo rigorous imprisonment for 15 days. Accused No. 13 was also convicted for the offence punishable under Section 323 IPC and sentenced to suffer rigorous imprisonment for 15 days and to pay a fine of Rs.100.00 in default to undergo rigorous imprisonment for 7 days.

(3.) In all 21 accused were charged with the offence of committing murder of Agarsinh (hereinafter referred to as "the deceased") who was residing in the same locality of the accused and the witnesses. The prosecution case is that six months before the incident in question took place on 9.4.1994, there was a dispute between the accused and his family members on the one hand and the complainant and his family members on the other hand. On 9.4.1994 at about 5.00 O'clock, Vinusinh, brother-in-law of accused No.1-Fatesinh Jesinh had gone to the well in the agricultural field of the complainant and complainant-Sardarsinh, nephew of the deceased, had offered water to Vinusinh. Thereafter, in the same evening at about 8.30 P.M., accused No. 1 alongwith the other accused including accused Nos. 2, 6 and 13 went to the house of the deceased alongwith deadly weapons like dharia and sticks and accused No. 1 inflicted two dharia blows on the head of the deceased and the other accused gave stick blows to the witnesses and also pelted stones. The deceased as well as the witnesses were rushed to the Civil Hospital at Himmatnagar where the statement of the deceased was recorded before the Investigating Officer in presence of the medical witness and thereafter, the deceased was rushed to the Civil Hospital, Ahmedabad where the deceased succumbed to the injuries. The crime for the offences punishable under Sections 147, 148, 302, 323 and 325 read with Section 149 IPC and also for the offence punishable under Section 135 of the Bombay Police Act was, therefore, registered against the accused. The weapons used in the incident were produced by the accused themselves which were recovered under the panchnama. The case was committed to sessions on 14.2.1995 and the accused pleaded not guilty.