VARJUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both the appeals arise from a common order of conviction and sentence dated 14th July, 2009, passed by the learned Additional Sessions Judge, Gandhidham, Kutch, in Sessions Case No. 39 of 2008, those were heard analogously and are being disposed of by this common judgment and order.

(2.) THESE two appeals are at the instance of four convictedaccused persons of offence under Sections 302 and 324, read with Section 114 of the Indian Penal Code, and are directed against the order of conviction and consequent sentence dated 14th July, 2009, passed by the learned Additional Sessions Judge, Gandhidham, Kutch, in Sessions Case No. 39 of 2008. By the aforesaid order of conviction, the appellants have been sentenced to undergo life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and to pay fine of Rs. 2,000 each, with a further stipulation that in default of payment of fine, the appellants shall suffer simple imprisonment for six months. The appellants have also been sentenced to suffer further simple imprisonment of six months with fine of Rs. 300 each for the offence punishable under Section 324 of the Indian Penal Code. However, all the appellants were ordered to be acquitted of the offence under Section 504 of the Indian Penal Code.

(3.) ON complaint being lodged by the brother of the deceased, the investigation had started. The inquest panchnama, Exh.29 of the dead -body of the deceased was drawn in presence of the panch witnesses. The scene of offence panchnama, Exh.26 was drawn in presence of the panch witnesses. The dead -body of the deceased was sent for postmortem examination and the postmortem report, Exh.49/C noted that the cause of death was cardio -respiratory failure due to neurogenic shock as a result of cut injury on the brain tissues. The blood -stained clothes of the deceased worn at the time of the incident were collected by drawing a panchnama, Exh.36 in presence of the panch witnesses. The accused No.3, Ramu Devji was arrested on 15th March, 2008 and his arrest panchnama, Exh.31 was drawn in presence of the panch witnesses. The clothes worn by Ramu Devji (A/3) were collected by drawing a panchnama, Exh.33 in persons of the panch witnesses. The other accused persons were also arrested and their arrest panchnamas were drawn in presence of the panch witnesses. The discovery panchnama of the weapon of offence, Exh.39, at the instance of Ramu Devji (A/3) was drawn in presence of the panch witnesses. The second discovery panchnama of the weapon of offence, Exh.45, at the instance of Khima Devji (A/4) was drawn in presence of the panch witnesses. Ultimately, a charge -sheet against the accused persons was filed in the Court of the learned Judicial Magistrate, Bhachau -Kutch. However, as the case was exclusively triable by the Sessions Court, the learned Judicial Magistrate First Class, Bhachau, committed the case to the Court of Sessions under Section 209 of the Criminal Procedure Code.