STATE OF GUJARAT Vs. PALABHAI SOMABHAI HARIJAN

JUDGEMENT

(1.) THESE appeals are filed by the State Government challenging the judgement dated 01.10.1993 rendered by the Sessions Court, Jamnagar in Sessions Case No. 2 of 1993. The respondents -accused were charged with offences punishable under Sections 302, 324, 504 read with Section 34 and 114 of IPC. The learned Trial Judge convicted accused No.3 for offence punishable under Section 304 Part -II of IPC and sentenced him to rigorous imprisonment of five years. The other two accused Nos. 1 and 2 were convicted for offence under Section 324 and sentenced to simple imprisonment of fifteen days. The State has, therefore, preferred Criminal Appeal No. 104 of 1994 insofar as all the accused were acquitted for offence under Section 302. The State has preferred Criminal Appeal No. 105 of 1994 seeking enhancement of sentence against accused No.3 for his conviction under Section 304 Part -II of IPC.

(2.) BRIEFLY stated, the prosecution version was that, on 01.10.1992, at about 11.30 at night, when complainant Premji Meethabhai and his brother Shyamjibhai were returning to their house from the field, the accused assaulted them. Accused No.3 gave one blow with his axe on head of Shyamjibhai. The other two accused were carrying iron rods. They hit Shyamji with the rods. Accused No.1 also gave a blow on the head of Premjibhai. Accused No.2 gave a blow on his back. Shyamjibhai died later on during treatment.

(3.) PW 1 Premji Meethabhai Exh 11 was the injured eyewitness and also the first informant. He deposed that, on the night of the incident, he and his brother Shyamjibhai were returning home from their field at about 11.30 at night. The accused were standing. The accused assaulted them. Accused No.3 Ruda Bechar hit Shyamjibhai with the axe on his head. The other two accused were carrying iron rod and hit Shyamjibhai with the rods. Accused No.1 gave one blow on the head of this witness. Accused No.2 hit him on the back. The other people gathered. They carried them home. Since he fainted, he did not know who these people were. His father Meethabhai also had received injuries. Accused No.3 had hit him. They were taken to Irvin Hospital at Jamnagar. From Irvin Hospital his brother Shyamjibhai was taken to Ahmedabad where, during treatment he died. The FIR was recorded by the police at the hospital.