SHAMBHUBHAI NATHABHAI PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals are directed against the judgement and order dated 31.03.2009 passed by the Additional Sessions Judge & Presiding Officer, Fast Track Court, Anand in Sessions Case No. 23 of 2008 for the offence punishable under section 302 r/w section 114, 323 r/w 114, 504 r/w 114 of Indian Penal Code and section 135 of B.P. Act. They came to be convicted for these offences under Section 235(2) of the Code of Criminal Procedure and are directed to suffer imprisonment as under: - <IMG>JUDGEMENT_163_LAWS(GJH)7_2014.jpg</IMG> <IMG>JUDGEMENT_163_LAWS(GJH)7_12014.jpg</IMG> <IMG>JUDGEMENT_163_LAWS(GJH)7_22014.jpg</IMG>

(2.) THE facts of the prosecution case against the appellants is that on 26.11.2007 at about 08.00 am, accused no. 1 ­ Shambhubhai Padhiyar was cutting the branches of tree grown by the complainant in his field at Ambav, Bevdipura sim. The complainant asked accused no. 1 not to cut the branches of the said tree and thereupon all the appellants gathered armed with sticks and accused no. 1 gave stick blows on the head of the father of complainant - deceased Lakhabhai, back, wrist of left hand and shoulder. Accused no. 2 also gave stick blow on the head of deceased and wrist of Khumansinh. Lakhabhai suffered head injuries and therefore initially he was taken to Primary Health Centre, Anklav from where he was taken to Vadodara for further treatment but unfortunately he succumbed to the injuries. A complaint in respect of this incident was lodged by the complainant by Chimanbhai Padhiyar (PW No. 3), son of deceased with Anklav Rural Police Station. In pursuance of this complaint, FIR vide Anklav Rural Police Station CR No. 3069 of 2007 came to be registered.

(3.) HEARD Ms. Sadhana Sagar, learned advocate appearing for appellants of Criminal Appeal No. 867 of 2009, Mr. Mrudul Barot for appellant of Criminal Appeal No. 496 of 2011 and Ms. Nisha Thakore, learned APP appearing for respondent ­ State.