SHAILESHBAHI CHIMANBAHI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused challenging his conviction and sentence recorded by the learned Sessions Judge, Bharuch in the impugned judgement dated 20.04.2012.

(2.) Briefly stated, the prosecution version was that on 15.09.2009 in the afternoon, deceased Bhikhabhai, the present accused Saileshbhai Chimanbhai and his brother Sahdev Chimanbhai the juvenile accused and others were playing cards in their village. While playing cards, Sahdev and Bhikhabhai had a quarrel. A fight broke out upon which Sahdev went inside the house which was nearby and brought out a knife. The present accused Sailesh Chimanbhai caught Bhikhabhai upon which Sahdev gave knife blows to him on the stomach causing serious injuries due to which he died later.

(3.) P.W. 1, Nareshbhai Melabhai Vasava, Ex. 5 who was the injured eye witness and also the first informant deposed that on the date of the incident he along with his maternal uncle Kiranbhai was going from home to their workplace at about 2'O clock in the afternoon. At that time, they saw Sahdev (juvenile accused), Sailesh Chimanbhai i.e. the present accused, Bhikhabhai and others playing cards. They started fighting. Sahdev was fighting with Bhikhabhai and they were grappling. He intervened to save Bhikhabhai who was his grandfather. Sahdev's house was nearby. He ran into the house and brought out a knife. His elder brother Sailesh caught Bhikhabhai upon which Sahdev gave one blow on the stomach of Bhikhabhai. When the witness intervened, Sahdev gave one blow on his left thigh and under his chin.