CHHAGANBHAI LAXMANBHAI & 1 Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of these appeals original accused no. 1 and 2 as well as the State have challenged the judgement and order dtd. 19/11/2003 passed by the learned Additional Sessions Judge, Third Fast Track Court, Kheda - Nadiad in Sessions Case No. 372 of 1999 whereby the trial court has convicted and sentenced the accused as under. Criminal Appeal No. 41 of 2004 has been preferred by original accused nos. 1 and 2 against their conviction whereas Criminal Appeal No. 1166 of 2005 has been preferred by the State for enhancement of sentence imposed upon accused no. 1 and 2 and Criminal Appeal No. 1167 of 2005 has been preferred by the State against the acquittal of original accused nos. 1 to 4 recorded under Sec. 302 of IPC. <IMG>JUDGEMENT_284_LAWS(GJH)1_2016_1.jpg</IMG>

(2.) It is the case of the prosecution that the complainant used to cultivate half of her aunt's agricultural land with her family for last 7 years from the date of incident whereas the remaining half used to be cultivated by original accused no. 1. It is the case of the prosecution that on 10/9/1999, while the complainant and her husband were fetching water in the said land, accused no. 1 came there holding a dharia in his hand along with accused nos. 2 to 4 and started abusing the complainant. It is the case of the prosecution that accused no. 1 gave a dharia blow on the head of the husband of complainant and when accused no. 2 was giving a spade blow, the complainant interfered and she sustained injury on her left and right arms. It is the case of the prosecution that accused no. 3 also gave spade blow on the shoulder of the complainant whereas accused no. 4 had caught hold of the complainant and her husband. The complainant started shouting and therefore the accused ran away from the scene of offence. The complainant's husband was taken to hospital but he succumbed to injuries after around 10 days.

(3.) Mr. M.M. Tirmizi, learned advocate appearing for the accused has stated that considering the fact that considerable period of time has lapsed, this Court may take a considerate view in the matter. He submitted that the accused are remorseful and are ready and willing to pay appropriate amount as compensation to the victim and his family members.