KARSHANBHAI KANJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE are cross appeals arising out of the same judgment of the learned Additional Sessions Judge, Deesa in Sessions Case No.27 of 1999. The accused 2 in number were charged with offence punishable under Section 302, 325, 323, 504 read with Section 114 IPC and Section 135 of the Bombay Police Act. They were convicted for the offence under Section 304 Part II, 325 and 323 of IPC. They were ordered to undergo R.I. for 3 years, 2 years and 6 months respectively for such offence. Sentences were ordered to run concurrently. Fine was also imposed. This judgment of conviction has been challenged by the accused in Criminal Appeal No.2101 of 2004. The State has preferred Criminal Appeal No.609 of 2006 challenging the acquittal of the accused under Section 302 IPC and seeking enhancement of sentence. These appeals are, therefore, heard together.

(2.) AS per the charge Exh.10, the prosecution version was that on 09.11.1997 at about 11:00 O'clock in the morning, deceased Bhurabhai Hardasbhai had gone to the village pond with his goat and sheep for them to drink water at that time the accused also come there with his goat and sheep. The deceased asked them to keep their cattle away. The accused, thereupon, got excited. Accused No.1 Karshanbhai Kanjibhai Rabari gave a stick blow to Bhurabhai Hardasbhai on the right knee. The accused No.2 Mansangbhai Kanjibhai gave a stick blow to Bhurabhai Hardasbhai on left knee. Bhurabhai fell down on the ground started shouting for help upon which his son Chelabhai rushed there. The accused also gave him stick blows. The FIR was lodged by Bhurabhai himself. After brief treatment, however, he died. For causing his death the accused were charged with offence under Section 302 IPC and for causing grievous and simple injuries to Chelabhai, they were charged with the offence under Section 323 and 325 of IPC.

(3.) DR . Arjunbhai Ajubhai Chaudhary, P.W.1, Exh. 19 was the Medical Officer at Tharad hospital. Chelabhai Bhurabhai was brought to him for treatment. He had noted following injuries: