KIRAN MANILAL DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Original accused no. 1 of Sessions Case No. 173 of 2010 has preferred this appeal having been convicted and sentenced for offence punishable under section 302 of the Indian Penal Code. The conviction and sentence was handed down by the learned 6th Additional Sessions Judge, Kheda at Nadiad by a judgement and order dated 30.09.2011.

(2.) On 16.09.2010, Aniket Dabhi, who was also the complainant, was going to his house at around 08.30 in the evening. When he was standing in front of his house, original accused no. 1 - Kiranbhai Manilal Dabhi who was opposite to Aniket started abusing him. Aniket therefore went to him and tried to pacify him. Before he could react, accused no. 1 Kiran picked up a rod lying near his house and tried to hit Aniket with the rod. Aniket ducked and therefore escaped being hurt from such an attack. At that point of time, accused no. 1's father Manilal Dabhi and accused no. 1's mother Savitaben Dabhi came out from their house. Manilal had an iron pipe with which he hit Aniket on his head. Savitaben who was carrying a stick also hit Aniket with the stick. Hearing a commotion outside their house, Aniket's father Andreas came out from his house. Accused no. 1 was holding an iron pipe and hit the complainant's father on his head near the right ear. Aniket's father fell unconscious. Kanubhai Peterbhai Macwan and others intervened. Both Aniket and his father were shifted to Nadiad Civil hospital. Aniket was discharged from hospital after preliminary treatment. However, his father was shifted to Ahmedabad Civil hospital. This was the narration of Aniket in his complaint filed before the police authorities which is at Ex. 31. A charge was framed accordingly at Ex. 6 for implicating the accused nos. 1, 2 and 3 i.e. Kiranbhai Dabhi, his father Manilal Dabhi and mother Savitaben Dabhi for offences under section 323 read with section 114 of the Indian Penal Code. Since Aniket's father Andreas Paul Dabhi succumbed to his injuries on 19.09.2010, four days after the incident, accused no. 1 was also charged for offence punishable under section 302 read with section 114 of the Indian Penal Code. The three accused were also charged for offences punishable under section 504 of Indian Penal Code.

(3.) By judgement and order dated 30.11.2011 rendered by the learned Sessions Judge, while the accused no. 1 was convicted for offences punishable under section 302 of the Indian Penal Code, the accused nos. 2 and 3 respectively were convicted for offences punishable under section 323 read with section 114 of the Indian Penal Code. The accused no. 1 having been so convicted under section 302 of the Indian Penal Code is, therefore, before us by way of this appeal.