AHER KHIMA MANDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.427 of 1996 has been filed by the appellant-original accused No.1 against the judgment and order of conviction and sentence dated 4-6-1996 delivered by the learned Addl. Sessions Judge, Junagadh, in Sessions Case No.73 of 1995 whereby original accused No.1 was convicted and sentenced to undergo rigorous imprisonment for five years with a fine of Rs.1,000/-, in default, to undergo further rigorous imprisonment for one year for the offence punishable under Section 304 Part-II of Indian Penal Code.

(2.) Criminal Appeal No.640 of 1996 has been filed by the State of Gujarat against the judgment and order dated 4-6-1996 delivered by the learned Addl. Sessions Judge, Junagadh, in Sessions Case No.73 of 1995 acquitting original accused Nos.2 to 6 and convicting and sentencing original accused No.1 under Section 304 Part-II of Indian Penal Code.

(3.) Short facts are that as per the complaint, on 4-1-1995 the complainant Rasilaben and her sister Ramaben were in their field since 10.00 a.m. and were putting manure into their farm. At about 11.00 a.m., their father Chhaganbhai came to their farm and when he reached near the western boundary of their farm, one Khima Mandan Aher having an orchard near their farm also came there with a simple thick stick in his hand and said Khima Mandan started altercation with the deceased Chhaganbhai presuming that he would close his way of coming in the farm and Khima Mandan got instigated and he hit on the head of Chhaganbhai with said stick as a result thereof, Chhaganbhai screamed and fell down and hence, complainant and her sister Rama ran towards that side. Meanwhile, from the side of the orchard of Khima Mandan, Jagmal Ramsi came there with a shovel (pavda), Babu Khima, Karshan Khima and Rami Khima with sticks and Bheniben Khima also with stick. Out of these persons, Bheniben and Jagmal Ramsi hit the complainant with stick on back and on the side causing injury and Babu Khima hit Rama on back and on hand. As Chhaganbhai Muljibhai sustained serious injuries, he was taken to Veraval Municipal Hospital by his relatives and Villagers where he was declared dead by the doctor. The police was informed by the Medical Officer of Veraval Municipal Hospital and police reached the hospital and a complaint was lodged and offence was registered. At the end of investigation, as there was a prima facie case against the accused persons, charge sheet was filed against them.