RAMESHBHAI NARSINHBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AT the outset, it may be noted that the original accused No.3 has expired pending trial, and hence, this appeal stands abated qua original accused No.3 and it survives qua original accused Nos. 1, 2 and 4 -appellants, herein, only.

(2.) THIS is an appeal by the original accused -appellants, herein, seeking to assail the judgment and order of the learned Additional Sessions Judge, Vyara, Dated : 11.10.1995, rendered in Sessions Case No.67 of 1991, whereby, the trial Court convicted the accused for the offence under Sections 304(Part -II)and 114 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years and to pay fine of Rs.500/ - by each of them and in default to undergo further simple imprisonment for one month. The accused were also convicted for the offence under Section 447 and 114 of the Indian Penal Code, but, the trial Court did not inflict any separate sentence for the said offence in view of the sentence imposed under Sections 304(Part -II) and 114 of the IPC.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the complainant along with her family including her late husband Devjibhai Nathubhai, was residing at Chaudhary Faliya, Taluka : Bardoli. The original accused, herein, and the complainant were neighbours, and therefore, they knew each other very well. In the complainant, it is stated that about 15 days prior to the alleged offence took place, a quarrel had taken place between the complainant side and the accused, herein, over the issue of children. However, later on the matter was compromised. On 17.01.1991, i.e. on the date of the alleged offence, at about 08:00 p.m. some dispute took place between the complainant and her late husband and at that time the wife of original accused No.2, namely Lalitaben, was laughing at them. Therefore, the late husband of the complainant reprimanded Lilaben and she went to her house. Later on, at about 09:00 p.m., the original accused came to the house of the complainant and pulled out the husband of the complainant and started delivering kick and fist blows on him, saying as to why you were hurling abuses, and when the complainant tried to intervene, she was also beaten -up. Therefore, the complainant went into the village and called the Sarpanch, who intervened and saved the husband of the complainant from further beating. Subsequently, while the husband of the complainant was being taken to the hospital, he expired on the way. Hence, the complainant lodged a complaint with the Kadod Police Station. On registration of the complaint, police carried out the investigation and on finding sufficient evidence, laid charge -sheet against the accused persons. Before the trial Court, the accused pleaded not guilty, and therefore, the case was committed for trial.