SHARADBHAI NATHUBHAI TANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Rushabh Shah, learned Advocate appearing on behalf of Mr.Pardiwala, learned Advocate for the appellants and Mr.Bhate, learned A.P.P., appearing on behalf of the respondent-State.

(2.) This appeal is preferred against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court, Valsad, passed in Sessions Case (Old) No.100 of 1996 Sessions Case (New) No.84 of 2002, on 14th November, 2003, whereby the appellants were charged and tried for the offence punishable under Section 302 read with Section 114 of the Indian Penal Code. However, on conclusion of the trial the learned trial Judge held the appellants-accused guilty of the charge of offence punishable under Section 304 (2) of the Indian Penal Code read with Section 114 of the Indian Penal Code and sentenced them to undergo five years rigorous imprisonment and to pay a fine of Rs.2,000/- and in default punishment is of two months rigorous imprisonment.

(3.) The case of prosecution in brief is that accused Nos.1 and 2 are the neighbours of the family of the deceased. It appears that sometime back the deceased had lost his son i.e. his son had passed away and the deceased always labelled under an impression that mother of the accused Nos.1 and 2-Shantiben is a witch and Shantiben is responsible for the death of the son of the deceased. Because of this impression in the mind of the deceased they used to frequently quarrel as the family members of the accused family did not like the deceased mentioning and labelling Shantiben as a witch. As per case of prosecution on 11th March, 1996 at 21:00 hrs., the deceased all of a sudden remembered his son Santosh who had passed away two years back and due to this the deceased uttered that some witch has eaten away my son. On hearing this accused Nos.1 and 2 and their mother Shantiben picked up quarrel. When the altercation in words were going on, accused Nos.1 and 2 assaulted the deceased with fisticuffs on the chest region as a result of which the deceased fell down unconscious and died. Thereafter, the offence was registered, case was investigated and on completion of the investigation as sufficient evidence was found to link the accused with the crime, charge-sheet came to be filed.