NARANBHAI RAMJIBHAI KHARADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellants are directed against the order of conviction recorded by the learned Sessions Judge, Sabarkantha at Himatnagar in Sessions Case No. 48/83 on his file.

(2.) As both these appeals arise from one and the same judgment, this common judgment will dispose of these appeals.

(3.) Two appellants Naranbhai Ramjibhai Kharadi and Arvindbhai Ramajibhai Kharadi along with their two brothers and father were prosecuted for offences punishable under sections 302 r.w. Sec. 34 of the I.P. Code as well as Sec. 201 of the I.P. Code. The allegation of the prosecution was that on 30th May 1983 there was a marriage ceremony in the village and youngsters of both the sexes had gathered together for a community dancing. Babu son of deceased Badaji was also present and four sons of Ramaji, that is, present two appellants and two other acquitted accused were also present. Babu dashed against Naran, the appellant and he was given a good thrashing by four brothers. Some body informed Badaji, the deceased, and his wife regarding their son Babu having been injured. Babus mother proceeded towards the place where Babu was lying and Badaji proceeded towards the house of the acquitted accused Ramaji. There, it appears that heated exchange of words had taken place and Ramaji and his four sons are alleged to have inflicted numerous injuries on the person of deceased Badaji and thereafter Badajis dead body was kept in the house and the house was locked. Next morning Kalaji, the Police Patel received some information regarding this incident and while he was proceeding towards the said street he met Ramaji original accused No. 5 and the father of these four assailants. Ramaji is alleged to have told the Police Patel that his sons had done away with Badaji. The Police Patel accompanied Ramaji to the said house, where the dead body was allegedly kept. It is also alleged that Arvind, one of the two appellants was present in the verandah. Ramaji gave a key of the house to the police patel. They entered the house and the Police Patel found dead body of Badaji there. Once again, the house was locked and the Police Patel went to the Police Station and lodged a complaint. The police came, Ramaji was not present in the Verandah when they came there. The house was broken open. Dead body was found therein. Inquest was held. The dead body was sent for postmortem examination. The police completed investigation and arraigned the accused before the learned Sessions Judge on the above charges. The learned Sessions Judge on appreciation of evidence came to the conclusion that while there was no evidence against original accused Nos. 3, 4 and 5 there was evidence against original accused Nos. 1 and 2 and in that view of the matter, he convicted the present two appellants for an offence punishable U/s. 302 r.w. Sec. 34 of the I. P. Code. He, however, acquitted all the accuseds for an offence punishable U/s. 201 of the Indian Penal Code. He proceeded to sentence the convicted accused in accordance with law and sentenced each of them to RI. for a life. Being aggrieved by the said order, the appellants have filed the present appeals.