SANMUKHBHAI (SARMUKHBHAI) SARABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned Presiding Officer and Addl. Sessions Judge, Fast Track Court No.8, Narmada at Rajpipla in Sessions Case No. 73 of 2004 dated 31.12.2005 whereby, the appellants, original accused no.1 to 3, were convicted for the offences punishable u/s.302, 324 & 326 of the Indian Penal Code (for short, "the IPC") r/w. Section 34/114 IPC and were acquitted of the charge u/s.504 r/w. Section 34/114 IPC and Section 135 of the Bombay Police Act. For conviction u/s.302 r/w. Section 34/114 IPC, the appellants were sentenced to undergo imprisonment for life with fine of Rs.400/ and in default of payment of fine, they were to undergo imprisonment for a further period of eight days. For conviction u/s.324 r/w. Section 34/114 IPC, the appellants were sentenced to undergo imprisonment for one year. Whereas, for conviction u/s.326 r/w. Section 34/114 IPC, the appellants were sentenced to undergo imprisonment for three years with fine of Rs.100/ and in default, they were to undergo imprisonment for a further period of two days. All the sentences were ordered to run concurrently. They were also given the benefit of setoff.

(2.) THE facts, in a nutshell, are as under; The complainant herein, Lallubhai Kesurbhai, was the owner of the agricultural land bearing Survey No.76 situated in Village Chundimora Bhilod, Taluka Valiya, District Bharuch. Adjacent to the above land was situated the agricultural land belonging to the appellants herein. There existed a dispute between the appellants and the complainant with regard to a stretch of land situated between the above pieces of land for a period of about three years prior to the incident in question.

(3.) DURING the trial, the prosecution had examined eighteen witnesses, viz. Ramsingh Jhinabhai Vasava as PW1 at Exhibit9, Rasikbhai Shivabhai Vasava as PW2 at Exhibit14, Shankarbhai Ramabhai as PW3 at Exhibit19, Surendrasinh Barot as PW4 at Exhibit26, Maganbhai Vasava as PW5 at Exhibit34, Dr. J.J. Rathod as PW6 at Exhibit41, Dr. J.A. Gupta as PW7 at Exhibit43, Lallubhai Kesurbhai Vasava as PW8 at Exhibit54, Dharmendrabhai Vasava as PW9 at Exhibit56, Ganeshbhai Vasava as PW10 at Exhibit58, Sumitraben Vasava as PW11 at Exhibit65, Ramanbhai Vasava as PW12 at Exhibit 66, Manabhai Vasava as PW13 at Exhibit69, Mansukhbhai Vasava as PW14 at Exhibit70, Abhaysinh Vasava as PW15 at Exhibit72, Rakeshkumar Modi as PW16 at Exhibit75, Thakorbhai Parmar as PW17 at Exhibit77 and Amrutlal Gamiti as PW18 at Exhibit80. The prosecution had also placed reliance upon several documentary evidence.