(1.) Criminal Appeal No. 1047 of 2007 is preferred by the original accused No. 3 against judgment and order of conviction and sentence rendered by the learned Additional Sessions Judge & Presiding Officer, 3rd Fast Track Court, Vyara at Dist: Surat on 07/05/2007 in Sessions Case No. 60 of 2006, whereby he was convicted for offences punishable under Sec. 302 of the Indian Penal Code and ordered to undergo rigorous imprisonment for life and ordered to pay fine of Rs. 1,000/ - and in default, rigorous imprisonment for six months was imposed.
(2.) As these appeals are arising out of the same judgment rendered in connection with the same incident and the evidence is also common in all these appeals, the same are taken up for hearing together.
(3.) The case of the prosecution is that the dispute were going on between the complainant and the accused persons regarding the land in question and litigations to that effect were also filed before the Bardoli Court. That on 17/06/2006, when the complainant, her husband -Naresh, her brother -in -law -Ganesh and sister -in -law -Ramilaben were cultivating the land, the respondent -org. accused No. 2 came with scythe and started quarreling with them and also threatened to give up the possession of the land in question, otherwise, they will be killed and then left the place. Thereafter, on the date of incident, after cultivating the filed, when they were taking lunch, the accused persons armed with deadly weapon like dhariya, sticks, etc., came and thereafter altercation took place between them. At that time also, the accused persons threatened to give up the possession of the land in question. Thereafter, the accused persons started beating Ramilaben and org. accused No. 3 gave Dhariya blow on the head of Ramilaben. As a result of that, she fell down and was bleeding. Thereafter, accused persons caught hold of Babubhai and gave Dhariya blow to him. As a result of that, he also fell down. All the accused fled away from the place of incident. And the deceased succumbed to the injuries.