MANKUBHAI BHAYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal arises out of a judgment and order rendered by learned Additional Sessions Judge, Amreli, on 14th October, 1998, in Sessions Case No.8 of 1994, convicting the appellants for offences punishable under Sections 302 and 34 of the Indian Penal Code in respect of the murder of Vallabhbhai Lavabhai Patel, allegedly, committed on 28th September. 1993, at about 2.15 p.m. on Bagasara - Manekvada Road, at a place located at a distance of about 3 kms. from Bagasara. The Trial Court, after recording conviction, sentenced the appellants to undergo life imprisonment and to pay a fine of Rs.5000/- each, in default, to undergo rigorous imprisonment for one year.

(2.) The prosecution case, in brief, is that appellant No.1 had lodged a Criminal Case against deceased-Vallabhbhai Lavabhai Patel, in which the deceased came to be acquitted by the Trial Court a few days prior to the date of the incident. On the day of the incident, deceased-Vallabhbhai Lavabhai Patel was travelling on the motorcycle of Jaskubhai Kathadbhai (P.W.3) and was going from Bagasara to Galath. They were followed by Parshottambhai Ghusabhai (P.W.1) and Vithalbhai Ranchhodbhai (P.W.2) on another motorcycle. When they were about to reach the place of incident, the appellants came from behind on a motorcycle, overtook the motorcycle of Parshottambhai Ghusabhai and Vithalbhai Ranchhodbhai and when they reached parallel to the motorcycle of Jaskubhai Kathadbhai, the pillion seat of which was occupied by deceased-Vallabhbhai Lavabhai, appellant No.2-Dilubhai Hadabhai. who was armed with a stick, inflicted a blow on the deceased. As a result, the deceased fell down. The appellants stopped their motorcycle. However, the deceased, who tried to run away from the place, was chased by the appellants and appellant No.2 inflicted stick blows on him. On receiving the stick blows, the deceased fell down. Then appellant No.1 started inflicting knife/dagger blows on the deceased. Appellant No.2 also inflicted further stick blows. As a result of the assault, the deceased started bleeding and died on-the-spot.

(3.) Learned Advocate, Mr. Haresh N. Joshi, appearing for M/s Thakkar Associates, has taken us through the record and proceedings. Mr. Joshi submitted that, though the case is dependent on three eyewitnesses, their depositions do not inspire confidence. Mr. Joshi submitted that the prosecution case suffers from a number of defects and, therefore, the Trial Court was at error in recording conviction.