ASHOKBHAI NANJIBHAI VAGHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants, original accused, were sentenced to inter alia life imprisonment on their conviction for the offence punishable u/s. 302 read with Section 114 and / or Section 34 of the Indian Penal Code (for short, "the IPC") and Section 135 of the Bombay Police Act (for short, "the Act") by impugned judgment and order dated 13.10.2005 in Sessions Case No.206 of 2003. They, however, were acquitted of the charges u/s. 323, 504, 506(2) read with Section 114 and / or Section 34 of IPC.

(2.) THE offence is said to have occurred on 05.02.2003 at 08.45 pm in and around Rachana Chambers, near Anuradha Society, Surat. The complaint was lodged on the same day immediately within two hours of the incident by Thakorbhai Meghjibhai Patel (PW4) alleging that Manojbhai Kishorbhai Mavani was done to death by the appellants, original accusedconvict, when the deceased had gone to his office, situated in Rachana Chambers, for reprimanding appellant no.1Ashokbhai Nanjibhai Vaghani on the ground of he having beaten one Umesh about a month back. It is alleged that upon such reprimand, the appellants got enraged and appellant no.1 inflicted wooden log blows, appellant no.2Mukeshbhai Nanjibhai Vaghani inflicted knife blows and appellant no.3Bharatbhai Jivrajbhai Savani inflicted iron rod blows on the deceased. The appellant no.2 had inflicted knife blows on different parts of the body of deceased, as mentioned in the documents on record. It is also alleged that Dharmeshbhai Jashubhai Patel, who has been examined as PW6, was inflicted wooden log blows.

(3.) HAVING learnt about the incident from appellant no.1 Ashok, the complainant rushed to the scene of offence and found his nephew (deceased) Manoj profusely bleeding and not being in a position to sit. The complainant was apprised of the entire incident by Vijay Rameshchandra Kayasth (PW