POPATBHAI RESHABHAI BEGADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 25th February 1997 rendered by learned Additional Sessions Judge, Palanpur in Sessions Case No.88 of 1996.

(2.) The appellants are the original accused, who were charged with offences punishable under Section 302 read with Section 34 of the Indian Penal Code. Learned Additional Sessions Judge by the impugned judgment convicted both the accused of offences punishable under Section 304, Part II of the Indian Penal Code read with Section 34 of Indian Penal Code. He sentenced them to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/- and to suffer simple imprisonment in case of default in payment of fine.

(3.) From the charge, Exh.3, framed against the accused, it can be seen that the prosecution case was that on 27th May 1996 at about 3 O' Clock at night when deceased Mohan Puna was sleeping in open near his house at village-Taarangada, the accused gave him kick blows and thereafter lifted the deceased and banged him on stone at the doorstep of one Naran Puna. In the resultant injury, Mohan Puna expired. Accused were, therefore, charged with offence punishable under Section 302 read with Section 34 of the Indian Penal Code.