RAMSINGBHAI DAHERIYABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused no.1 to challenge the judgment of the learned Additional Sessions Judge, Vadodara, dated 26.02.2008 passed in Sessions Case No.73 of 2007. By the said judgment, the learned Judge convicted the present appellant for offences punishable under sections 302 and 504 of the Indian Penal Code and section 135 of the Bombay Police Act. He was sentenced to life imprisonment in addition to lesser punishments imposed by the trial Court.

(2.) Briefly stated, the prosecution version was that Ramsing Rathwaaccused no.1 and his brother Bhavsing Rathwaaccused no.2 suspected that one Bhangdiben, wife of the complainant was a witch. It was because of her witchcraft that the members of their family were falling sick. At about 4'O clock in the afternoon of 15th of August 2007, the two accused intercepted Bhangdiben near the waterpump of the village. Accused no.1, instigated and encouraged by accused no.2, gave several blows to Bhangdiben on the head, on the neck on the face and other parts of the body with a 'paliya' (we are informed it is an agricultural instrument with a curved sharp metal blade attached to a short wooden handle used for cutting small branches of the trees) which he was carrying. Bhangdiben died instantaneously. A charge at Exh.4 was therefore framed against both the accused for having committed offences punishable under sections 302 and 504 read with section 114 IPC and section 135 of the Bombay Police Act.

(3.) Nayakda Rathwa, PW2, Exh.12, the husband of deceased was also the first informant. He claimed to be an eyewitness. He deposed that the incident happened on 15th August at about 4'O clock in the afternoon near the handpump next to the borewell. The accused no.1 had given two blows on the legs, two on the back, two on the head and the neck. On the face also he had given a blow with the 'paliya'. His wife fell down and died. When accused no.1 was assaulting her, accused no.2 Bhavsing was instigating him. At that time he was standing near his wife. He identified the accused and the murder weapon before the Court.