MANISHBHAI BALABHAI @ MOHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out from the selfsame judgement of the Trial Court, therefore, we are disposing of these appeals by the common judgement.

(2.) THE appellants, who happened to be the father and son have been convicted in Sessions Case no. 30/2008 in the Court of learned Sessions Judge, Navsari for the offences punishable under section 302 read with section 34 of I.P.Code and section 135 of the Bombay Police Act. The learned Sessions Judge found that the charges against the appellants were proved and therefore, convicted them to suffer life imprisonment and to pay fine of Rs. 2000/ - in default simple imprisonment for six months for the offences punishable under section 302 read with section 34 of I.P.Code while the appellants were also convicted for the offences punishable under section 135 of the Bombay Police Act and directed to suffer rigorous imprisonment and to pay fine of Rs. 100/in default simple imprisonment for 15 days. Both the sentences are directed to run concurrently.

(3.) SHORT facts briefly stated are that the prosecution case against the appellants is that on 27/2/2008 at about 21.45 hrs, the appellants attacked the deceased Dineshbhai Bhikhabhai Patel on cross road going towards Bigri village. In connection with old land dispute the appellant Balabhai @ Mohanbhai Nanabhai Patel inflicted two knife blows to the deceased while appellant Manishbhai Balabhai gave knife blow on the head of the deceased and thereby committed murder.