NARANBHAI KANJI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No. 5, Sabarkantha at Himmatnagar (for short, 'trial Court'), Sessions Case No. 39 of 2007, by which the learned trial Court has held the appellant -original accused guilty for the offence punishable under Sections 302, 307, 452 and 364 of the Indian Penal Code, the appellant, herein, -original accused has preferred the present criminal appeal.

(2.) AN FIR came to be lodged against the appellant -original accused by one Dinseh Martaji Parmar with Vijaynagar Police Station, being I -C.R. No. 60/2006 for the offence punishable under Sections 302, 307, 452 and 364 of the Indian Penal Code for having killed Chheniben and Shardaben and having caused injuries by axe on the injured child eye -witnesses, namely Balu Jiva Damor and Manoj Jiva Damor. It is alleged that the brother of the accused, namely Jiva, had two daughters only and no son (male child) and that Jiva got his daughter Ramilaben married and brought her husband as 'Ghar Jamai' and Jiva gave his entire land to his daughter, Ramila, which was not liked by the appellant -original accused, namely Naran. He thought he has lost the land, therefore, with a view to take revenge, he took an axe and after lifting Chhaniben (first deceased), who was washing clothes on the tank near her house, took her to veranda of her house and there he inflicted a number of blows in her. It was further alleged that, thereafter, when other persons shouted, he went towards the house of Shardaben (another deceased) and after breaking open the door of the house with axe, the appellant -original accused entered into the house, where Shardaben had taken shelter and inflicted axe blows on her. It was, further, alleged that because of the serious injuries sustained by Chhaniben and Shardaben, which were inflicted by the accused, both of them expired, subsequently. It was further alleged that, then, the accused also caused injuries on Balu and Manoj. Therefore, it was alleged that the accused committed the offence punishable under Section 302, 307, 452 and 364 of the Indian Penal Code.

(3.) TO prove the case against the appellant -original accused, the prosecution examined as many as 20 witnesses, as under;