SUMAN DAMODAR DHOBI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-ori. Accused no. 2 has preferred Criminal Appeal No. 2339/2006 and the appellant-ori. Accused no. 1 has preferred Criminal Appeal No. 708/2007 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 21.11.2006 passed by the learned Addl.Sessions Judge, Court no. 2, Ahmedabad City in Sessions Case No. 336/2004, whereby, the learned trial Judge has convicted the appellantsori.

(2.) 1 The case of the prosecution is that the deceased Chhanubhai was residing in Tank Shaal since last many years. That one day prior to the date of incident i.e. 2.11.2003, both the accused informed the brother of deceased at his tea-stall situated near L.C. Bodiwala College, Tank Shaal that the deceased may be informed that he may not collect money from the persons doing business of colouring thread for festival of 'uttarayan', as the accused are going to collect the same. It is further alleged that on the day of incident, i.e. on 3.11.2003, while the complainant and his son were going towards their house after closing tea stall, they saw that the accused were giving sword blows to the deceased.

(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.