NANUBHAI @ NANJIBHAI BACHUBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the appellant, who was original accused No.1 in Sessions Case No. 62 of 2006, whereby, he has challenged the judgment and order of the learned Second Fast Track Judge, Amreli, Dated : 11.02.2009, rendered in the aforesaid Sessions Case, convicting and sentencing him as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under,

(3.) A complaint came to be lodged by the complainant -P.W. -1 before the ASI at Amreli Hospital on 10.04.2006, wherein, he stated that he is residing at the address given in the complaint along with his grandfather and the son of his grandfather, namely Kalubhai, and his wife, namely Bhanuben. The complainant, then, went on to narrate the alleged offence stating that on the previous day of the alleged offence, a fire took place in the thorny fence of the accused persons and keeping grudge on account of the same, all the accused went to the house of the accused, armed with deadly weapons, and inflicted injuries on the complainant and the others. Later on, while the complainant and the injured were being taken to hospital in a vehicle, the deceased Bhanuben succumbed to her injuries. On registration of the offence, police carried out the investigation and on finding, prima facie evidence against the accused, laid a charge -sheet against them, and then, the case was committed before the competent Court at Amreli, for trial. At the time of trial, the accused did not plead guilty and claimed to be tried. Hence, the accused were tried for the alleged offence.