DILIPBHAI KHODABHAI MORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS all appeals arise from the common judgment and the order passed by learned Sessions Judge, they are being considered simultaneously.

(2.) AS there are cross appeals, the parties shall be referred to as per their original status before the learned trial court as complainant or accused as the case may be.

(3.) THE short facts are that a complaint was filed by Sureshbhai Raisangbhai Mori PW 5 with Wagra Police Station on 02.10.2010 stating that he received phone call from his wife Kapilaben that son of Daji (brother of father) Dilip Khodabhai Mori (accused) has injured her mother in law Lakshmiben with khodali axe with the pointed portion on both the end (hereinafter referred to as "axe") and she is lying in the field behind the house and therefore, he immediately came to Paldi at his residence and he found that the accused had given blows of axe on the left side of the head and had run away. It was also stated that as there was resistance by the deceased Lakshmiben to the accused for entering to the field, he was excited and blows were given to his mother with axe.