LALJI KURJI MAGHODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal by the appellants original accused is directed against the judgment and order of conviction and sentence dated 30/03/2010 delivered by learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Jamnagar in Sessions Case No. 122 of 2006 for the offence punishable under Sections 302 and 114 of the Indian Penal Code (for brevity "IPC") and Section 135(1) of the B. P. Act, whereby the appellants original accused were convicted and sentenced to undergo imprisonment for life with fine of Rs.1,000/ each, in default, to undergo further period of three months of imprisonment and for the offence punishable under Section 135(1), three months of simple imprisonment. All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution in brief is that in the sim of Village: Balambha, Taluka: Jodiya, District: Jamnagar agricultural lands of deceased Dharmendra @ Babubhai and the appellants original accused were situated. Between their particular lands, there was a boundary wall, which as per the case of the appellants original accused, was constructed by the deceased overnight and on 26/06/2006, the appellants original accused broke the said wall and hence, the deceased and his friends tried to persuade them not to break the same and get the lands measured and then, if needed, break the wall to which, the appellants original accused denied. It is the case of the prosecution that thereafter, the appellant No. 3 original accused No. 3 attacked the deceased with Scythe, the appellant No. 1 original accused No. 1 with Spade, the appellant No. 2 original accused No. 2 with Axe and the appellant No. 4 original accused No. 4 with Khapali. In consequence thereto, the deceased got severe injuries and eventually succumbed to the injuries and accordingly, a complaint for the aforesaid offences was lodged before Jodiya Police Station. Upon conclusion of investigation, since a prima facie case was found against the appellants, the Chargesheet was filed against the present appellants original accused in the Court.

(3.) HEARD Mr. Mrudul Barot, learned advocate for Mr. M. K. Vakharia for the appellants original accused, Ms. Krina P. Calla, learned Additional Public Prosecutor for the respondent State and Mr. N. D. Gohil, learned advocate for the original complainant.