CHANDUBHAI NARSINHBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been convicted of offence punishable under section 302 read with section 149 of Indian Penal Code and sentenced to life imprisonment thereunder and further being convicted of offences under sections 143 and 148 of the Indian Penal Code and having been sentenced to rigorous imprisonment for six months and rigorous imprisonment for three years respectively, the original accused appellants herein have come in appeal. By a judgement rendered on 27.12.2011 by the learned Additional Sessions Judge, Vadodara, the accused were convicted and sentenced for the aforesaid sections.

(2.) Raees Shankarbhai Tadvi was the complainant who filed the complaint at Ex. 18. According to the complainant, on 14.05.2010, when he and his wife Induben, at around 7 in the evening, were sitting with his brother and his wife Hansaben, and their mother Radhaben after dinner, the seven accused entered their house. All the accused were carrying sticks. Motivated by the fact that the complainant's mother was performing witch-craft, the accused indiscriminately attacked Radhaben, the mother of the complainant with sticks. All these seven accused have been named in the complaint as having attacked the complainant's mother with sticks. When his brother Mukeshbhai tried to intervene, he was also attacked by a stick and he sustained injuries on the back. The accused had come with an intention to put Radhaben to death, suspecting that their brother Dineshbhai had died at her hands as she was practicing witch-craft. After having put Radhaben and his brother Mukeshbhai to death by indiscriminately hitting them with sticks, their bodies were hung by a rope from the tree. Based on this complaint, investigation was carried out and a charge-sheet at Ex. 4 was filed inditing the accused for offences referred to hereinabove.

(3.) The complainant Raees Tadvi has been examined as P.W. 2 at Ex. 17. The complainant states that he is a resident of Bhangiawad. He is staying along with his wife Indiraben, brother Mukeshbhai and his wife Hansaben, his mother Radhaben. His father Shankarbhai has passed away. His grandfather Narsinhbhai had two sons Shankarbhai and Naranbhai. The accused were sons of the second marriage of his grandfather, therefore they were the uncles of the complainant. He further stated that his mother Radhaben and his brother Mukesh were done to death by the accused Chandubhai, Ambubhai, Udaysinhbhai, Vithalbhai, Jashubhai, Vikrambhai and Tinabhai. The incident occurred on 14th May at around 6 in the evening. Both his mother and brother were done to death with sticks and stones. When his brother and his mother were attacked he was nearby. He thereafter ran away. Chandubhai accused no. 1 had abused his mother and called her a witch and stated that she was responsible for his brother Dinesh's death and therefore she ought to be killed. With this statement, all the seven had indiscriminately started hitting his mother with sticks. All of them were carrying sticks and stones. After having killed his mother and his brother Mukesh, they hung their bodies separately on separate trees with a rope. He thereafter went to Naswadi police station and informed the police. The police recorded his complaint as it was narrated by him. Shaniben, his grandmother was with him when he returned from the police station. She was also injured. Induben, his wife, Shantibhai and Nareshbhai were also present. His brother Mukeshbhai and his mother Radhaben were sitting on the verandah. He further stated in his testimony that he knows the persons who attacked his mother and his brother and he further identified them in the court.