RAYSANGBHAI MOTIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants came to be tried by the Sessions Court, Bharuch in Sessions Case No. 78 of 1999 for forming an unlawful assembly and object to commit murder of Laxmiben w/o Ganpatbhai and thereafter in furtherance of that common object, committed murder of Laxmiben on 2.12.98 at about 9.00 a.m., near Talavadi (small pond) in the outskirts of village Malpur.

(2.) It is the case of the prosecution that deceased Laxmiben w/o Ganpatbhai had a quarrel with the accused side on 1.12.98. Aggrieved thereby, the appellants formed an unlawful assembly and in furtherance thereof, committed murder of deceased Laxmiben at about 9.00 a.m., on 2.12.98 near Talavadi. It is alleged that appellant no. 1 Rayasangbhai Motibhai, appellant no.2 Chandubhai Bhaijibhai, appellant no.3 Laxmanbhai Bhaijibhai, appellant no.4 Maganbhai Chhotubhai were armed with axe, whereas appellant no.5 Ramanbhai Laxmanbhai and appellant no.6 Dalpatbhai Laxmanbhai were armed with stick. It is also the case of the prosecution that on that day, the deceased along with her son Chhatrasang had gone to the field for cutting grass and she was returning with a bundle of cut grass on her head when she was intercepted by the accused persons and assault was committed. She sustained injuries on various parts of her body and ultimately succumbed to the same. At the time of the incident, son of deceased Chhatrasang as well as Devjibhai Karsanbhai and Amarsangbhai Karsanbhai were present and saw the incident. The first information was lodged by Chhatrasang on basis of which the offence was registered and after the investigation, charge sheet was filed. The trial Court framed charge at Exh.1 against all of them to which all the accused pleaded not guilty and claimed to be tried.

(3.) We have heard learned advocate Mr. K.B. Anandjiwala and learned A.P.P. Mr. Bhate.