CHAGGANBHAI LALUBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants herein were interalia sentenced to life imprisonment and fine of Rs. 2000/- each in default simple imprisonment for six months by impugned judgement and order dated 29.09.2006 passed by the Additional Sessions Judge, Fast Track Court No. 10, Nadiad in Sessions Case No. 83 of 2006 for the offence punishable under sections 302, 324, 504 and 114 of IPC. No separate sentence was passed for offence under sections 324, 504 & 114 of IPC.

(2.) A complaint was filed by one Shardaben Kalubhai Chavda on 26.01.2006 inter alia stating that on the date of incident i.e. on 26.01.2006, at around 02.00 pm, she heard some commotion near the hut of her elder sister-in-law (Jethani) which involved Shri Arjanbhai Parmar-deceased and accused nos. 1 who is the son of her brother-in-law & 2 who had accompanied accused no. 1 for cutting leaves of neem tree. When she reached the scene of offence she saw that the accused persons and the deceased were involved in verbal fights and exchange of heated arguments which ended in physical assaults. She has stated in the complaint that thereafter the accused no. 1 hit the deceased by means of a sickle which he was carrying for cutting the twigs of neem tree on the head of the deceased and thereafter on the right hand of the deceased due to which he collapsed. It is further stated in the complaint that the accused no. 2-Chhaganbhai Lallubhai who had accompanied accused no. 1 gave a blow on the hand of the deceased with an axe which he was carrying. Seeing this assault, the complainant raised alarm and tried to intervene in the fight but accused no. 1 hit her on the head with the tip of the sickle. Hearing the screams of the complainant, her elder sister-in-law, Shri Shanabhai Galabhai, Galabhai Dabhaibhai, Chimnanbhai Chadabhai and Vithalbhai Chadabhai arrived at the scene of offence and saw that Shri Arjanbhai had passed away.

(3.) LEARNED advocates for the appellants, looking to the facts and circumstances of the case, fairly limited their arguments to alteration of sentence to one under section 304 (Part I) from section 302 of Indian Penal Code and submitted that the offence appears to have occurred in the heat of the moment the appellants having reason to be provoked in view of the verbal fight with the deceased. It is submitted that the appellants did not come with any intention of killing the deceased or assaulting him but when they were provoked due to the heated exchange of words the incident in question happened. It is submitted that considering the fact that the appellants did not intend to kill the victim or to cause such grievous injury which shall lead to his death, this Court may consider the case of the appellants unders section 304 (Part I) of Indian Penal Code. 4. Mr. J.K. Shah, learned APP, however, submitted that the trial court has given cogent reasons for sustaining the conviction under section 302 of Indian Penal Code and this court may not interfere in these appeals. He stated that the trial court has based the conviction not only on the complaint but also considered entire circumstances of the case and the facts which are proved by cogent evidence.