DHANJIBHAI DIWALBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this conviction appeal, the appellants-original accused persons, have challenged the legality and validity of the judgment and order of their conviction and sentence for life imprisonment, inter alia, contending that the learned Additional Sessions Judge, Bharuch at Camp: Rajpipla, while delivering the impugned judgment on 26.5.95 has committed serious error of law and facts in holding the accused persons guilty of the offence punishable under section 302 read with section 34 of the Indian Penal Code (IPC for short) and sentencing them to life imprisonment and also imposing fine of Rs.200/- and in default to suffer simple imprisonment for three months.

(2.) In order to examine the merits and challenge against the impugned judgment and order of conviction and sentence under section 302 read with section 34 of the IPC recorded by the learned Additional Sessions Judge, in Sessions Case No.255 of 1994, let us first have a conspectus of a few relevant and material profile leading to the rise of the trial and the resultant conviction and sentence of the appellants under section 302 read with section 34 of the IPC.

(3.) The unfortunate incident of killing of one Shamalbhai occurred at about 3.30 p.m. on 28.3.94 at village Amletha in Nandod taluka of Bharuch district. As the prosecution case runs, the complainant, son of the deceased Shamalbhai and the deceased, were passing by the residential premises of the accused persons. At that time, accused persons, armed with deadly weapons, attacked the deceased Shamalbhai. Firstly, appellant No.1, original accused No.1 (A-1) initiated the attack by giving a blow of axe on the head of the deceased, whereas, appellant No.2, original accused No.2 (A-2) started giving one after other blows with the help of iron pestle (parai). At that time, appellant No.3, original accused No.3 (A-3), Devanbhai, had taken the deceased in an injured condition firmly holding him inside the house of A-1. It is also the case of the prosecution that, thereafter, the deceased was further beaten and when he lost his life, he was thrown out of the house of A-1, Dhanjibhai. It is, in this context, the prosecution case has been that the accused persons had entertained a common intention to kill deceased Shamalbhai and pursuant the said common intention attacked him with deadly weapons and one after the other inflicted blows with the weapons held by them and committed murder and thereby rendered themselves liable for the offence punishable under section 302 read with section 34 of the IPC.