VIJAY @ VAJUBHAI KANABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant-original accused no. 1 has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 28.4.2005 passed by the learned 5th Fast Track Court Judge, Gondal in Sessions Case No. 117/2000, whereby, the learned trial Judge has convicted the present appellant-original Accused no. 1 under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 2000/-, in default, to undergo further S/I for two months. The appellant is also convicted under sec. 307 of IPC and sentenced to undergo R/I for a period of 10 years and to pay a fine of Rs 1000/-, in default, to undergo further S/I for two months. The appellant is also convicted under sec. 37(1) and 135 of the Bombay Police Act and sentenced to undergo R/I for one year, and to pay a fine of Rs. 500/-, in default, to undergo further S/I for one month, which is impugned in this appeal.

(2.) 1 The brief facts of the prosecution case is that on 15.8.2000 at about 7.30pm to 8.00pm, when complainant was to take supper, at that time, Chandrasinh son of his younger brother and Kumar son of his cousin brother had gone to village for engaging labourers. Thereafter, at about 8.00pm, one Kanjibhai had informed the complainant that two persons of your family are lying near the shop of Vaju Kanji. Therefore, complainant, his cousin brother Natubhai, Chandubhai and Ravjibhai went to the shop of Vaju Kanji, where they found Chandrasinh, son of his younger brother, and Kumar, son of his cousin brother, lying in injured condition in the street opposite to the said shop. At that time, wife of one Ranjitbhai and other women, who were present there, had informed the complainant that the accused have assaulted the Chandrasinh and Kumar with deadly weapons like sword, dhariya, Axe and went away. Thereafter, both the injured persons were taken to the Government Hospital, at Jetpur, and in the meantime, Chandrasinh had died and since Kumar was serious, he was taken to Rajkot hospital.

(3.) 1 After considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 28.4.2005 has convicted the present appellant original accused no. 1 and acquitted original accused no. 2, 3 and 5 to 10 of the charge levelled against them.