KOLI CHHAGAN KABABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the order of conviction recorded by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 108/82 on his file. The facts leading to the prosecution and conviction for the two appellants can be briefly summarized as under: 2 The incident is alleged to have taken place on 3 1-7-82 at about6.45 p.m. at Vadva which is a locality of the town of Bhavnagar. The motive for the crime seems to be that a relation of the deceased was married to the son of the present appellant No.1 and the elder brother of appellant

(2.) The appellants are father and son respectively. On the relevant date, the deceased was sitting at the shop of Veljibhai Girdharbhai (P.W. 3). Accused-appellant No.1 is alleged to have gone there and he picked up a quarrel. There was exchange of abuses and in the process appellant No.1 caught bold of the neck of the deceased. The deceased also retaliated in the same way and it is alleged that he also caught bold of the neck of the present appellant No. 1. In the meantime appellant No.2 is alleged to have come from a bye-lane and immediately on coming there be inflicted two knife blows on the vital parts of the body of the deceased. The appellants were, therefore, arraigned before the learned Additional Sessions Judge for offence punishable under section 302 read with section 114 of the Indian Penal Code.

(3.) The learned Additional Sessions Judge, on appreciation of the evidence, came to the conclusion that appellant No.2 would be guilty of the offence punishable under section 302 whereas appellant No.1 would be guilty of the offence punishable under section 302 read with section 109 of the Indian Penal Code. He accordingly sentenced both of them to rigorous imprisonment for life. It is this order of conviction, which is challenged by the appellants in the present appeal.