MANSURBHAI RAMBHAI BHUA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellants have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.7.2006 passed by the learned Addl. Sessions Judge, Fast Track Court No. 3, Amreli in Sessions Case No. 16/2006, whereby, the learned trial Judge has convicted the appellants under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 30,000/-each, in default, to undergo further imprisonment for two years. It is further ordered by the learned Addl. Sessions Judge that out of total fine of Rs. 90,000/-, Rs. 60,000/- shall be paid to the mother of the deceased by way of compensation under section 357 of CrPC, which is impugned in this appeal.

(2.) 2.1 The case of the prosecution is that on 23.10.2005, at about 23.30 O'clock, at village Savarkundala, District Amreli, when son of complainant Razak went to call Doctor Umarbhai as her husband was having some breathing problem and when deceased called the doctor by standing opposite the house of doctor, at that time, appellants no. 1 and 2 armed with knife and appellant no. 3 armed with stick, came there, caught hold of the deceased and appellants no. 1 and 2 had given knife blows and appellant no. 3 had given stick blows and thereafter the appellants ran away from the place of offence, the complainant came there and taken her son Razak to the Hospital at Savarkundala where doctor had declared him as dead. Thereafter the complaint was filed.

(3.) Thereafter, after examining the witnesses, further statement of the appellants-accused under sec. 313 of CrPC was recorded in which the appellants-accused have denied the case of the prosecution.