RANCHHODBHAI DEVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 29.8.2000 passed by learned Sessions Judge, Panchmahals at Godhra in Sessions Case No. 319 of 1999, whereby learned Sessions Judge convicted the appellant No. 1 for the offence under Sections 302 and 324 of Indian Penal Code and sentenced him to undergo imprisonment for life for the offence under Section 302 of I.P.C., and fine of Rs. 250/-, in default, to undergo further simple imprisonment for six months and to undergo rigorous imprisonment for one year for the offence under Section 324 of I.P.C. Both the sentences were ordered to run concurrently. The appellant No. 2 was convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo imprisonment for life for the offence under Section 302 of I.P.C., and fine of Rs. 250/- , in default, to undergo further simple imprisonment for six months.

(2.) The brief facts of the prosecution case are that the complainant filed a complaint on 3.9.1999 that at about 8.00 hours in the morning on 3.9.1999, deceased Gopising Dala Rathwa and Jiliya Dhediya Rathwa came to the house of the complainant and were talking with her husband, at that time, the accused came with weapons like Dharia and sticks in their hands and the accused No. 1 Ranchhod Devji Rathwa gave a dharia blow to Gopising Dala Rathwa on his neck and accused No. 2 Bhavan Devji Rathwa gave dharia blow to Jiliya Dedhiya Rathwa on his neck. It is further stated by her that accused No. 1 Ranchhod Devji Rathwa also went to beat the husband of the complainant but he ran away and went to the house of elders of the complainant's husband and died there by committing suicide. Thereafter, the complainant Jamniben Thavrabhai Kagdabhai Rathwa gave the complaint with regard to the same and, on the basis of the same, the Rajgadh police filed a complaint being I C.R. No. 90 of 1999 for the offences punishable under Sections 302, 324, 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(3.) After filing of the complaint, the police completed the investigation and filed the charge sheet against four accused before the learned J.M.F.C., Devgadhbaria. As the offences are exclusively triable by the Court of Sessions, the learned J.M.F.C., committed to the Court of Sessions, Panchmahals at Godhra.