MANGABHAI PICHABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants came to be tried for the offence of murder of Bhavsing Pichabhai Vasava, allegedly, committed by them on 23rd June, 1996, at about 15.00 hours, in the outskirts of village Dolatpur of Valiya Taluka of Bharuch District, by appellant No.1, allegedly, causing injury to the deceased on his leg with an axe and appellant No.2 causing injury to the deceased on his neck and head with the help of a 'Koyta" (sugarcane cutting implement) and came to be convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code by Sessions Court, Bharuch, Camping at Rajpipla, by judgment and order dated 25th August, 1999, rendered in Sessions Case No.121 of 1997. Both the appellants were ordered to undergo imprisonment for life and to pay a fine of Rs.1000/ - each, in default, to undergo further simple imprisonment for a period of 30 days. They were given the benefit of set off.

(2.) THE prosecution case, in brief, is that appellant No.1 and the deceased are step brothers and they had dispute regarding their respective shares in the lands of their father, Pichabhai. On the day of incident, when the deceased along with his brother, Chandubhai Pichabhai and Kamuben Bhavsingbhai was working in the field, the two appellants came there and told them to leave the field, claiming that the said field had come to their share. It is the case of the prosecution that Bhavsing and others requested them not to raise any dispute. But, appellant No.1 inflicted a blow on leg of deceased -Bhavsing, as a result of which, Bhavsing fell down and then appellant No.2, Arvind, inflicted 'Koyta' blows on head and neck of the deceased, to which the deceased succumbed on -the -spot within few minutes. Because of the row, many persons gathered and Chandubhai Pichabhai went to Valiya Police Station and lodged a First Information Report. On basis of the said F. I. R., offence was registered, investigation started and, ultimately, charge sheet came to be filed in the Court of learned Judicial Magistrate, First Class, Valiya. Since the offences were triable by Sessions Court, learned J. M. F. C., Valiya, committed the case to the Court of Sessions and Sessions Case No.121 of 1997 came to be registered.

(3.) WE have heard learned Advocate, Ms. Nita Banker, for the appellants and learned Additional Public Prosecutor, Mr. Raval, appearing for the respondent -State. The record and proceedings are before us and we have examined the same carefully in light of the contentions raised by rival sides.