MANHARBHAI CHHOTUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals are filed by the original accused who have been convicted by the learned Sessions Judge, Bharuch for offence punishable under Section 302 read with Section 114 of Indian Penal Code by his judgment dated 31.05.2008 in Sessions Case No.13 of 2008. The appellant of Criminal Appeal No.1768 of 2008 is original accused No.1. The appellant of Criminal Appeal No.1802 of 2008 is original accused No.2.

(2.) BRIEFLY stated the prosecution version is as follows:

(3.) THE Sessions Court framed charge at Exh.4 alleging that accused no.1 Manharbhai Chhotubhai had illicit relations with the wife of deceased Ranjitbhai due to which previously also there were heated exchange of words between the two. Carrying a grudge, therefore, on 21.10.2007 at about 11:00 O clock at night accused No.1 had picked up a fight with deceased Ranjitbhai at which time accused No.2 Chhotubhai Manchabhai had abused Ranjitbhai and caught him whereupon accused No.1 Manharbhai had, with the intention to commit murder, given one knife blow to Ranjit on his neck and thus both the accused had committed offence of murder punishable under Section 302 read with Section 114 of IPC.