KHUMLABHAI KESARBHAI DHALAKIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the common judgment and order of conviction dtd. 29/5/2015 passed by the learned 3rd Additional Sessions Judge, Dahod in Sessions Case No.183 of 2011 and Sessions Case No.60 of 2012 for the offences under Ss. 302 and 114 of Indian Penal Code, 1860, the appellants have preferred these appeals as provided under Sec. 374 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) The case of the prosecution is that, on 4/7/2011 at about 7:30 p.m., when the deceased - Navlabhai Keshrabhai Dhanakia was standing in the front yard his house ('Faliyu'), at that time, his elder brother, who is residing adjoining to him, suddenly rushed there and hurled filthy language and has given one axe blow on the head of the deceased, as the deceased has allegedly used the wooden logs of his share and made a house, which was fired before some time; and that soon after one blow given by the elder brother to the deceased, the wife and daughter of the said elder brother also rushed there and have also hurled filthy language and dragged the deceased to the back yard of their house; and that when the wife and daughter of the deceased tried to intervene, the elder brother of the deceased - original accused No.1 has slapped the daughter of the deceased and has thrown the stones towards the wife of the deceased, whereby she got injured, but even though they i.e. wife and daughter of the deceased tried to intervene; and that when the deceased tried to escape from the place of incident, original accused Nos.2 and 2 have caught him and the elder brother of the deceased i.e. original accused No.1 has given more axe blows on the head of the deceased and therefore, the deceased has succumbed to the injuries on the spot. Thereafter, the complainant - wife of the deceased lodged the complaint with regard to the incident before the Limkheda Police Station, which was registered as C.R.-I No.130 of 2011 for the offences under Ss. 302, 337, 504 and 114 of Indian Penal Code, 1860.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against appellants - accused, charge-sheet came to be filed against accused No.1 and supplementary charge-sheet against accused Nos.2 and 3 as they were absconding, in the Court of learned Judicial Magistrate, First Class, Limkheda. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Judge, Dahod as provided under Sec. 209 of the Code. Since accused persons were arrested separately, two cases were filed i.e. one for accused No.1 and another for accused Nos.2 and 3.