STATE OF GUJARAT Vs. KIRITJI KESHAJI PARMAR

JUDGEMENT

(1.) Both these appeals have been preferred by the State against the Addl. Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 83/1995 dated 28.08.1998 whereby, original accused no.1 has been convicted for the offence punishable u/s.304II IPC and has been sentenced to undergo RI for six years and fine of Rs. 1000/- and ID RI for six months; whereas, original accused no.2 and 3 have been acquitted.

(2.) Criminal Appeal No. 1121/1998 has been filed for enhancement of sentence of accused no. 1, whereas, Criminal Appeal No. 1122/1998 has been filed against the acquittal of accused no. 2 and 3.

(3.) The facts in brief are that on 18.03.1995 at around 0900 hrs. Sabaji Malaji, the original complainant and Amarsinh Balusinh Pujara were travelling in a Tractor and at that time original accused no.1 was going to pick up his son. At that time, he was not given the custody of the child though demanded. Therefore, accused no.1 and 2 got enraged and with the intention to do away the deceased, inflicted a sword blow on his head and thereby, committed the offences punishable u/s.302 IPC. A complaint in respect of this incident was lodged before Modasa Rural Police Station vide IC. R. No.18 of 1995. The investigation was taken up and after usual investigation, charge sheet came to be filed against the respondents. The offence committed by the respondents was exclusively triable by the Court of Sessions and therefore, the learned Magistrate committed the case to the Sessions Court u/s.209 of the Code, where it was registered as Sessions Case. Charge came to be framed against the respondents. The accused pleaded not guilty and claimed to be tried.