NAGINBHAI @ SIGO RAMABHAI PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals are directed against the selfsame judgment and order of sentence dated 29.01.2008 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Anand, therefore, they have been disposed of by this common judgment.

(2.) THE case of the prosecution as disclosed during the trial are that on 11.10.2006 at about 11:30 hours at the exhortation of appellant No.3Champaben, the appellantsSureshbhai Manibhai and Girishbhai, on the pretext of passing by the house of appellantSureshbhai by the original complainant, deceasedArbindbhai and other witnesses, gave a blow on the head of the deceased by an axe; while appellant No.2Girishbhai gave a blow on the forehead of the deceased by means of wooden plank, as a result of which the deceasedArbindbhai sustained grievous injuries and consequentially died. A complaint in respect of this incident was lodged by the complainantBhikhabhai Chaturbhai Padhiyar. In pursuance of this complaint, FIR vide Bordsad Station ICR No.167 of 2006 came to be registered.

(3.) THE investigation was taken up and after usual investigation, chargesheet came to be filed against the appellants. The offences committed by the appellant were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Anand under Section 209 of the Code, where it was registered as Sessions case No.20 of 2007. Charge vide Exhibit -6 came to be framed against the appellants. They pleaded not guilty and claimed to be tried.