THAKOR KARNAJI JUHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeals arise out of the same judgment of the trial Court dated 19.3.2009 rendered by the learned Additional Sessions Judge, Ahmedabad Rural, in Sessions Case No. 30/2008. Appellant of Criminal Appeal No. 685/2009 was the original accused. He has been convicted for offence punishable under section 304 Part -II of the IPC and sentenced to rigorous imprisonment of seven years. Co -accused No. 2 was acquitted by the said judgment. State has preferred Criminal Appeal No. 1386/2009 and challenged no conviction of appellant Karnaji Juhaji for offence under section 302 of the IPC as well as the total acquittal of original accused No. 2 Gugaji @ Mangaji Juhaji. These appeals are therefore, heard together and are disposed of by this common judgment. Briefly stated, the prosecution version was that deceased Rusaji Khodaji and accused Karnaji and Gugaji lived in the same village. On 2.9.2008, complainant Taraben, daughter of Rusaji Khodaji was washing utensils outside her house on the road. Daughter of accused No. 1 and his wife thereupon picked up a quarrel with the complainant about washing of such utensils. Deceased Rusaji Khodaji therefore, admonished the daughter and the mother. He thereafter, was going towards the fields for agricultural operations. Accused No. 1 and 2 followed him. First accused No. 1 gave a blow on the head of Rusaji Khodaji with a "Choriyu" (an agricultural instrument used for removing the weeds). Accused No. 2 also gave a blow on the head of the deceased. He fell down on the ground bleeding and died on the spot. Charge to this effect was framed at Exh. 5 alleging that the accused had committed offence punishable under section 302 read with section 114 of the IPC.

(2.) TARABEN Thakor, the first informant and the daughter of deceased Rusaji Khodaji, PW -1, was examined at Exh. 11. She deposed that she was married but on the date of the incident, she was at the house of her parents. At about 7 O' clock in the morning, she was cleaning the utensils outside her house. Near her house there was house of Karnaji Juhaji. Daughter of Karnaji Juhaji came out and picked up a quarrel asking her not to clean the utensils on the road. She also called her mother Dhuliben who also fought with her. At that time her father came out and separated the two quarreling parties. He thereafter, set out to do labour work in the fields. Behind him, Karnaji Juhaji and his brother Gugaji followed with "Choriyu" in their hands, without saying anything else, Karnaji Juhaji gave one blow on the head with "Choriyu" to her father. Thereafter, Gugaji also gave one blow. Tiniben and Dhuliben had held her at that time. She rushed to the father and saw that he was convulsing. She informed the Sarpanch of the village. The father died on the spot. They informed Mandal police station by phone. Her FIR was recorded which was produced at Exh. 12.

(3.) DR . Mitesh Ajaykumar Shah, PW -4, Exh. 15, had carried out the postmortem. In his deposition as well as postmortem report, Exh. 19, he mentioned the following external injuries: