BHODARBHAI @ BHUDARBHAI DHANABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal Is Filed By The Original Accused Who have been convicted for the offence punishable under sections 302, 324 read with section 34 of IPC by the learned Additional Sessions Judge, Panchmahal at Godhra under the judgment dated 29.12.2011.

(2.) Briefly Stated The Prosecution Version Was That deceased Ranjit's wife Muniben had some dispute with her husband. Muniben was therefore residing at her matrimonial home. Ranjit had gone to her place for bringing about a settlement and to bring back his wife. At that time, Janabhaiaccused no.2, father of Muniben and his other two relatives accused no.1 and accused no.3 assaulted Ranjit with axe, stick and Sambela, a kitchen equipment made of solid log of wood, causing his death. Ranjit's son Hitesh has also gone with his father. He rushed back to report the incident to Sekadiabhai, father of Ranjit who lived nearby. Sekadiabhai thereupon went to the house of the accused. He was also assaulted by these three accused with the respective weapons causing grievous injuries to Sekadiabhai. The charge to that effect therefore was framed at Exh.12 alleging that the accused had committed offences punishable under sections 302 and 324 read with section 34 of IPC and section 135 of the Bombay Police Act.

(3.) Hitesh, Pw2, Exh.60, Son Of Ranjitbhai Was Aged about 10 years at the time of incident. He was the son of Ranjit's first wife. He deposed that on the night of the incident, he was at home, watching T.V. when his father asked him to accompany him to call Muniben who was at the house of the accused. He had gone to the house of Bhudarbhai, accused no.1. When they reached there, accused no.2Janabhai was standing near the door of his house. Janabhai pulled his father inside the house and first threw dried chilly powder in his eyes. Janabhai gave axe blows to his father on his back. Bhudar Dhana, accused no.1 gave stick blow. He had seen the incident. He thereupon ran to his house to call his grandfather Sekadiabhai. He reported to his grandfather that Janabhai and Bhudarbhai, accused no.2 and accused no.1 respectively had killed his father. He and his grandfather went to the house of Janabhai Bhudarbhai. At which time, Bhavsingh, accused no.3 gave a blow to his grandfather with a log of wood. Bhudaraccused no.1 hit him with a stick. He again ran back to call his mama Gamabhai. When he returned, he found that his father had died, but grandfather was still breathing but unconscious. In the crossexamination of this witness, nothing substantial has come out.