VALJIBHAI MAGANBHAI DHARAJIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL the three accused - appellants, herein, who were arraigned as accused in Sessions Case (U.T.P.) No. 101 of 2006 for causing death of an elderly person, aged about 65 years, are the real brothers. By way of this appeal, the appellants have challenged the judgment and order th of the learned Presiding Officer, 11 Fast Track Court, Rajkot, Dated : 21.06.2008, rendered in the above -mentioned case, whereby, the appellants were convicted for the offence punishable under Section 302 read with Section 114 of the IPC and were sentenced to undergo imprisonment for life (rigorous imprisonment) and to pay fine of Rs.3000/ - by each of them and in default to undergo further simple imprisonment for six months.

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

(3.) A complaint was given by one Lakhabhai Naranbhai Khokhar, on 26.07.2006, before PSI, Vinchiya, at Vinchiya Government Hospital, wherein, he stated that he along with his father resides in a farm, known as Navanwadi and that around their agricultural land, there are lands of Valghi Magan, i.e. accused No.1, and his brothers. It is, further, stated in the complaint that on account of grabbing of some portion of land of the complainant by the accused, there used to be frequent quarrels between them and the accused used to threat them of dire consequences.