BHAVSINHBHAI HAMSINHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in these two criminal appeals is to the correctness of the judgment and order dated 12th August, 1999 rendered in Sessions Case No. 12 of 1996 by the learned Additional Sessions Judge, Amreli, by which the appellants ("A1 and A3" for short) of Criminal Appeal No.1037 of 1999 have been convicted for commission of the offences punishable under Sections 302 and 114 of the Indian Penal Code ('IPC' for short) and sentenced to suffer imprisonment for life, whereas the respondent-accused ("A2" for short) in Criminal Appeal No.1092 of 1999 has been acquitted for the offences under Sections 302 and 114 of the IPC by awarding him benefit of doubt.

(2.) The prosecution case, as disclosed from the complaint and unfolded during the trial, is as under:

(3.) Mr. M. J. Buddhbhatti, learned Advocate, with Ms. K. D. Parmar, learned Advocate of the appellants, has vehemently assailed the impugned judgment and order contending that there was a sudden quarrel and the incident occurred due to petty exchange of words; there was no previous enmity or quarrel between the assailants and the victim; the deceased was the cousin brother of A1 and they had cordial relations before the incident. It is further submitted by him that the deceased had come near the field of the accused; the field of the deceased was at a distance of 1000 ft.; he had come in tractor and trailor and asked accused to remove his millet crop as he wanted to thresh his millet crop. The accused were not armed with the weapon and only A3 took out the knife and as per the medical evidence, inflicted two blows, whereas PW2, Bhavbhai has, in his oral testimony, stated that A3 had inflicted three blows. According to him, the allegations of caught hold by A1 and A2 is doubtful qua A2 as the alleged dying declaration of the deceased is silent. Therefore, doubt arises as to the role of A1, who is similarly charged. He also emphasised that the evidence of the sole eye witness is not free from doubt for the following reasons: