ADAMBHAI VALABBHAI CHOPDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of the judgment and order dated 21.07.2011 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad in Sessions Case No. 237 of 2009, whereby the learned Additional Sessions Judge has convicted accused-appellant of Criminal Appeal No.1130 of 2011 for the offence punishable under Section 307 IPC and awarded sentence of 7 years rigorous imprisonment with fine of Rs. 3,000/- and in default of payment of fine, 1 years simple imprisonment. Against the aforesaid judgment and order, the original accused No.1 has preferred the aforesaid Criminal Appeal No.1130 of 2011 questioning his conviction and sentence, whereas, the State has preferred Criminal Appeal No.1179 of 2011 for seeking enhancement of the sentence inflicted upon both the accused.

(2.) As both the appeals arise out of the common judgment and order, these appeals are decided by this common judgment.

(3.) Precisely, the case of the prosecution is that the Usmanbhai Mohmadbhai Chopda (hereinafter referred to as the victim) as well as both the accused are near relatives and their agriculture lands are situated on the bank of river Bhadar near Dhandhuka. There was continuous quarrel regarding boundary of the land belonging to the accused as well as the victim. Due to aforesaid dispute, on 27th July 2009, when the victim went to his field, he noticed that the accused ploughed the land belonging to him. In consequence whereof he asked the accused why they did so, to which accused got excited and replied that the lands belonging to their father and thereby they took out quarrel and accused No.2 Ganibhai caught hold of him and accused No.1 inflicted successive knife blows on his abdomen and head due to which he fell down. At that time, one girl Roshan informed Ismailbhai. Thereafter, they took the victim to the Refral Hospital, Dhandhuka, where, upon examination, the Doctor noticed serious injuries and therefore he was referred to the V.S.Hospital, Ahmedabad on the same day where he was admitted as an indoor patient and treated for about 29 days. Due to injuries, the clothes worn by the victim i.e. lungi, banyan and shirt were stained with blood. Ismailbhai, son-in-law of the victim, thereupon, lodged the complaint with Dhandhuka Police Station. Thereupon, investigation was carried out. The statements of various witnesses were recorded. Panchnamas were drawn. The muddamal articles recovered under various panchnamas were sent for analysis at Forensic Science Laboratory. The charge-sheet was filed before the concerned Court. The case was committed for sessions trial. The charge was framed. The learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad has rendered his judgment of conviction and sentence dated 21.07.2011 in Sessions Case No.237 of 2009 inter alia convicting the present appellant-original accused No.1 and sentencing him to undergo 7 years rigorous imprisonment with fine.