MEVABHAI BHIKHABHAI GAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants- Ori. Accused 1 & 2 have preferred Criminal Appeal No. 2948/2008 and appellant original accused no. 3 has preferred Criminal Appeal No. 773/2009, under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.9.2008 passed by the learned Addl. Sessions Judge, & Presiding Officer, 5th Fast Track Court, Palanpur in Sessions Case No. 164/2007, whereby, the learned trial Judge has convicted the appellants-ori. Accused no. 1,2 & 3 under sec. 302 read with sec. 34 of IPC and sentenced them to undergo imprisonment for life. The appellants ori. Accused no. 1, 2 and 3 also convicted under section 326 of IPC and sentenced to undergo R/i for 7 years. The appellants- ori. Accused no.1,2 and 3 further convicted under section 504 of IPC and under section 135 of the Bombay Police Act and sentenced to undergo R/I for three months, which is impugned in these appeals. Since both the appeals arise from same judgment and order of the learned trial Judge, they are disposed of by this common judgment.

(2.) 1 The case of the prosecution is that on 16.8.2007, at about 8.00am, the complainant was carrying on agricultural activity, at that time, his father Netabhai Bhikhabhai was attacked with an intention to kill him by accused no. 1 by axe, and accused no. 2 and 3 by knife and committed the murder of deceased Netabhai Bhikhabhai. When complainant intervened to save his deceased father, he was also attacked by accused no. 2 and 3. Appellants-accused have also abused and thereby committed an offence under section 504 of IPC. Therefore, a complaint was lodged.

(3.) Thereafter, after examining the witnesses, further statement of the appellants-accused under sec. 313 of CrPC was recorded in which the appellants-accused have denied the case of the prosecution.