RAMJIBHAI NARSANGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of the same incident as also the judgment and order passed against the accused is common. Therefore, these appeals are decided together by this common judgment.

(2.) THE facts in a nutshell are as under;

(3.) MR . JK Shah learned APP supported the impugned judgment and order and submitted that the Court below appreciated the evidence on record in its proper perspective and rightly recorded the conviction of the appellants. He submitted that merely because the eyewitnesses are relatives of the deceased, their evidence could not be discarded. Some discrepancy regarding the role played by each of the accused at the time of commission of offence would not be sufficient ground for ignoring their evidence. The fact that the appellants, who were armed with Axe and wooden log, started to assault both the deceased and Dalabhai (PW13), without any provocation, establish the presence of common intention amongst the accused. He, therefore, submitted that the Court below has rightly convicted the appellants for the offence punishable u/s.302 & 307 r/w. Section 34 of IPC and this Court may not disturb the same.