RAMESHBHAI SHANKARBHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of the same judgment and order and hence, are decided by this common judgment.

(2.) Challenge in these appeals is to the judgment and order passed by the learned Addl. Sessions Judge, Kheda at Nadiad in Sessions Case No.75/2009 whereby, original accused no.1 to 3 were convicted for the offences punishable u/s.143, 147, 148, 302, 323, 324 r/w. Section 149 of IPC and all the accused persons were sentenced to undergo imprisonment for life. Over and above, accused no.1 & 2 were ordered to pay fine of Rs.750/ each whereas accused no.3 was ordered to pay fine of Rs.500/. In case of default, the accused were ordered to undergo SI for one month. The sentence already undergone by the accused was given setoff.

(3.) The facts in brief giving rise to the filing of present appeals are as under; On 03.03.2009 a complaint was filed by Kokilaben Kantilal Nathaji Solanki with Kapadvanj Police Station vide IC.R. No.21 of 2009 inter alia alleging that on the same day at around 0800 hrs. when her nephew, Kamlesh Pratapbhai Baraiya, had gone near the riverbank for attending nature's call, the accused persons reprimanded him for picking up a quarrel with them before about three weeks. When Kamleshbhai asked the accused persons to stop using abusive language at him, they got enraged and thereafter, began to assault him. Arvindbhai, the son of complainant, who was passing through the area, intervened in order to rescue Kamleshbhai. However, at that time, one of the accused persons inflicted knife blow on the stomach and thigh region of Arvindbhai. They also inflicted knife blow on Kamlesbhai. However, Arvindbhai had sustained severe injuries and was rushed to the Hospital. During the course of treatment, Arvindbhai passed away.