MANGALBHAI VAJABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-ori. Accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.10.2009 passed by the learned Sessions Judge, Kheda at Nadiad in Sessions Case No. 33/2009, whereby, the learned trial Judge has convicted the appellantori. Accused under sec. 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 50,000/-, in default, to undergo R/I for two years. The appellant is also convicted under section 307 of IPC and sentenced to undergo R/I for 10 years and to pay a fine of Rs. 10,000/-, in default, to undergo further R/I for one year. The appellant is convicted under section 326 of IPC and sentenced to undergo R/I for 7 years and to pay a fine of Rs. 7000/-, in default, to undergo R/I for one year. It is also ordered by the learned Sessions Judge to pay compensation under section 357(1)(b) to the complainant of Rs. 50,000/- from the amount of fine, which is impugned in this appeal.

(2.) The case of the prosecution is that, on 7.10.2008 at about 5.00 O'clock, the complainant had gone to the temple of Goddess Fulbai, as there was Hawan. It is alleged in the complaint that at that time, at about 5.30 O'clock, the father of the complainant namely Maganbhai Vajabhai came towards the complainant in a injured condition and informed him that the appellant had killed his mother-Manchhiben and brother -Vikrambhai Maganbhai, by inflicting knife blows. Therefore, on receiving such information, the complainant had gone to his house and on reaching the place near electric pole where D.P. is installed, at that place, he found her mother and brother who were lying on the earth in blood shed. Thereafter, immediately the complainant had informed 108 Ambulance and thereafter his father and others wee sent for further treatment. It is further alleged in the complaint that the present appellant Mangalbhai Vajabhai Bariya was telling one Kalubhai Jagatbhai Bariya that as you are running a flour mill, due to which, the D.P. of electricity is often burnt. It is further alleged in the complaint that the appellant used to speak filthy language and alleged to have come with knife to beat Kalubhai. At that point of time, the father of the complainant had intervened and had received injuries, due to which, Vikram -brother of the complainant had intervened, the appellant had given knife blow on his stomach. Thereafter, Manchhiben - the mother of the complainant, had intervened, the appellant had also given knife blow on her chest and she died on the spot. During the course of treatment, Vikram - the brother of the complainant, had died in the Civil Hospital, Ahmedabad. Therefore, a complaint was lodged.

(3.) The appellant accused came to be arraigned for committing murder. The investigation being complete, the charge-sheet was laid against the present appellant. The case being exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, which was given number as Sessions Case No. 33/2009.