DILUBHA KESHARISINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants -Accused have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 10.2.2010 passed by the learned Addl. Sessions Judge, Fast Track Court No. 3, Ahmedabad (Rural), Mirzapur, Ahmedabad in Sessions Case No. 10/2009, whereby, the learned trial Judge has convicted the appellants -Accused under sec. 302 read with sec. 34 of IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 10,000/each, in default, to undergo R/I for six months. The appellants -accused are convicted under sec. 323 read with sec. 34 of IPC and sentenced them to undergo S/I for one month. The appellants are convicted under sec. 506(2)read with section 34 of IPC and sentenced them to undergo R/I for six months, which is impugned in this appeal.

(2.) 2.1 The case of the prosecution is that on 6.3.2008, the complainant Manishaben lodged the first information report, inter alia, stating that at 7 o clock in the evening, accused no. 1 Dilubha Gohil, armed with knife, Pratapsdinh accused no. 2, armed with knife, Mahendrasinh accused no. 3 armed with stick, arrived at the place of the first informant and picked up quarrel. The accused alleged to have informed the deceased that they had been to place to kill the son of the deceased. The accused no. 1 was enraged and gave a knife blow in the abdomen of the deceased and therefore, the injured fell down. So as to save the deceased, brother of the first informant Pratapbhai intervened and therefore, the accused no. 3 tried to assault brother of the first informant. However, the assault was averted by the said witness and therefore,the first informant and her mother tried to assist the injured. At that point of time, the accused no. 2 gave a stick blow on the hand of the first informant. On raising alarm, Mahobatsinh and Natubha arrived at the place and therefore, accused ran away from the place of incident and the injured was thereafter taken to the hospital at Dholka, who was thereafter transferred to V.S. Hospital, Ahmedabad, where he succumbed to the injuries. Therefore, a complaint was lodged.

(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.