RATNAJI BIJOLJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be tried and convicted by Sessions Court, Banaskantha in Sessions Case No. 91 of 1993 for the offence of murder of Lilaben wife of Babuji Hathiji Thakore allegedly committed on 14th June, 1993 around 9.00 a.m. in the outskirts of village Sambarda by giving axe blows on the neck.

(2.) The prosecution case is that the appellant and deceased Lilaben are neighbours. Lilaben's son Meruji Babuji was working under the appellant and they had some dispute about outstanding remuneration receivable by Meruji Babuji. In recent past also, there was an altercation. On the day of the incident, Meruji, while standing at his own house, made demand from the appellant about his due remuneration of Rs. 210/-. This annoyed the appellant and he started giving abuses resulting into an altercation between the two. Mother of Meruji Lilaben, on hearing the altercation, went to the spot and tried to intervene by trying to pacify the appellant who was already armed with an axe. This further annoyed the appellant and allegedly, he gave two blows with the hind portion of the axe on the neck of deceased Lilaben as a result of which she fell down. Hearing the hubbub, Harchandji Ramaji, Geetaben Babubhai and Vashramji Babuji came to the place. The appellant went to his house alongwith the axe and the deceased was taken to the hospital. She was given some treatment but during the course of treatment, she succumbed to the injuries around 4.30 p.m. Initially, information was given to the police about quarrel by the doctor followed by an F.I.R given by Meruji Babuji. The investigating agency collected the evidence and having found sufficient evidence, filed chargesheet in the Court of Chief Judicial Magistrate, Banaskantha at Palanpur who, in turn, committed the case to the Court of Sessions and Sessions Case No. 91 of 1993 came to be registered.

(3.) We have heard learned advocate Mr. P.M. Vyas for the appellant and learned APP Mr. Bhate for the respondent State. We have also examined the record and proceedings in context of the submissions made by learned advocate as well as learned APP.