NARAN BHIKHA SHIYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Criminal Appeal No.325 of 2013 is filed by the appellant - Naran Bhikha Shiyani (original accused No.2) under Sec. 374(2) of the Code of Criminal Procedure, 1973, (for short " Cr.P.C .") against the judgment and order of conviction and sentence dtd. 6/12/2012 passed by the learned Additional Sessions Judge, Porbandar (hereinafter be referred to as "the Trial Court") in Sessions Case No.11 of 2009, whereby, the learned Judge has convicted the appellant accused for the offence punishable under Sec. 302 read with Sec. 114 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.5,000.00, and in default of payment of fine, further simple imprisonment of three months was imposed. However, the learned Judge has acquitted the appellant for the offence punishable under Ss. 323, 504 read with Sec. 114 of the IPC and Sec. 135 of the Bombay Police Act.

(2.) Since all the criminal appeals arise from the impugned judgment and order dtd. 6/12/2012 passed by the learned Additional Sessions Judge, Porbandar in Sessions Case No.11 of 2009, they are heard analogously and are being disposed of by this common judgment and order.

(3.) The brief facts of the prosecution case are that, one Premjibhai, brother of the complainant, had some altercations with the accused persons on account of the election of the Gram Panchayat and with an intention to cause death, on 23/6/2008, in village Mokar, Navapara area, the accused Naran Bhikha Shiyani and Dinesh Bhikha caused injury with knife. It is also the case of the prosecution that, the accused Bhikha Punja had caused injury by stick and during that period, the accused Mohan Bhikha, who had caught hold of the deceased Premjibhai, also used abusive language, and accordingly, in connivance with each other, the accused persons had committed offence for which, the complaint was filed before Ranavav Police Station.