LAWS(GJH)-2015-4-204

STATE OF GUJARAT Vs. DHARAMSHI BHIMJI

Decided On April 28, 2015
STATE OF GUJARAT Appellant
V/S
Dharamshi Bhimji Respondents

JUDGEMENT

(1.) THE appeal is filed by the State challenging the acquittal of the accused for offences punishable under sections 302, 307 read with section 149 of the Indian Penal Code and section 323 and 325 read with section 149 of the IPC. The trial Court by the impugned judgement acquitted all the accused except accused no.2 for all the offences. So far as accused no.2 is concerned, he was convicted for offence under section 326 and sentenced to simple imprisonment for three years; fine of Rs.500/ was also imposed.

(2.) AT the admission stage itself, Court rejected the appeal against accused no. 4,5 and 6 and admitted for the rest.

(3.) AS per the prosecution case, the complainant and the accused were residing in the same locality in the village. On 14.1.1990, children of two sides had some quarrel. Later on at about 9:30 when complainant Kantilal Hiralal was returning to his house along with his uncle Jairam Lakhabhai, the accused abused them. They were all carrying different weapons. Accused no.1 had a stick, accused no.2 had a dhariya, accused no.3 had an iron pipe. Upon hearing the shouts, father of the complainant Hiralal Motibhai came out of the house upon which accused no.2 gave a dhariya blow on the head of Jairam. Accused no.3 gave a pipe blow to him. Other family members arrived who were also beaten by these accused. Jairam lakhabhai died later on.