PRABHUBBAI SENGABBAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These are three different appeals filed by three different accused who have been convicted by the Additional Sessions Judge, Bharuch in the same sessions Case No. 14 of 1982 for an offence punishable under section 302 read with section 34, I.P.C. and sentenced to imprisonment for life. As these three appeals arise out of the same judgment, they are heard together and are being disposed by this common judgment;

(2.) The facts of this case as alleged by may be briefly stated as follows: The deceased Bai Khatri was residing at village Amlifali in Dhulia District. She bad a field situated in the limits of adjoining district Bharuch. Khatri had a daughter named Raju. Rajus husband Ukadia, P.W. 4, Ex. 1 was residing along with Raju with the deceased Khatri. The field of Khatri was in the past given for cultivation to one Sangabhai, the father of appellants nos. 1 and 2. In the year 1982 in which this incident took place, the said field was given for cultivation to one Majid Karim, the brother of Sheikh Hamid Karim, P.W. 3. Ex. 16. On 26.1.1982 Ukadia, the deceased Khatri, Sheikh Hamid and the servant Ditia. P.W. 5, Ex. 18 had been to the said field for harvesting Tuver Crop. They cut some Tuver and loaded three carts and collected them III the threshing floor. When they were harvesting the Tuver Crop for the fourth time at about 4 p.m. these appellants went there, appellant No. 1 armed with a Dharia in his hand and a Gofan (Sling) kept on his waist and appellants Nos. 2 and 3 having stones in their hands They assaulted Ukadia and others whereupon Ukadia, Ditia and Sheikh Hamid began to run. While they were running, they saw appellant No. 2 hitting the deceased Khatri with a stone whereby Khatri fell down. Then after, appellant No. 1 gave Dharia blows to her and appellant No. 3 hit with stones. Ukadia and the two other witnesses were about 4 to 5 paces away at that time. They realised at that time that Khatri would be severely beaten and would be killed and, therefore, they ran away to save their skin. Ditia went to the place of Khatri to inform Raju while Ukadia and Sheikh Hamid went to khapar outpost and gave information to the police Jamadar who was in charge of the Police outpost. When the police Head Constable in charge of the outpost was about to record what was told to him by Ukadia, a cart was brought there Deceased Khatri was in that cart with injuries on her person. Some ladies had accompanied her. On inquiry from the ladies, it was learnt by Head Cnstable Pundalik Vishvanath Pathak, P.W. 1, Ex. 7 who was in charge of the Khapar outpost that appellants Nos. 1 and 2 were the assailants. He accordingly filed a complaint on behalf of the State as the females were crying and none was prepared to give any complaint. The offence had taken place within the limits of the State of Gujarat. The deceased Khatri was taken to the hospital where she ultimately succumbed. The P.S.I. Sagbeara Police Station of Bharuch District investigated into the case and after completing the investigation submitted charge-sheet the three appellants for the offence of murder of Bai Khatri. The appellants were committed to the Court of Sessions at Bharuch. They were tried before the learned AddI. Sessions Judge Their say before the trial Court was that of total denial. Their say was that they were falsely involved. The learned Trial Judge, on appreciating the evidence, reached the conclusion that the evidence of the eye-witnesses examined by the three appellants guilty of the offence punishable under Section 302 read with Section 34, I P.C. and sentenced each of them to rigorous imprisonment for life as stated in the beginning.

(3.) The learned Advocate Mr. P. B. Majmudar is appointed for these three appellants while the Learned Additional Public Prosecutor Mr. M. A. Malik appears for the State.