LALABHAI MOHANBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since, both the appeals arise out of the common judgment and order dated 24.01.2011, passed by the 2nd Additional Sessions Judge, Panchmahal, Godhra, rendered in Sessions Case No. 184 of 2009 and Sessions Case No. 119 of 2009, they were heard together and this common judgment is being pened.

(2.) Criminal Appeal No. 995 of 2013 arises out of the Sessions Case No. 184 of 2009, whereby, the Sessions Court has convicted the accused-appellant Lalabhai Mohanbhai Nayak, for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.1,000/- and in default thereof to undergo, further rigorous imprisonment for one month.

(3.) The brief facts giving rise to the present appeals are that, as per the case of the prosecution, on 26.03.2009, the complainant Bhikhiben Naranbhai Nayak, lodged a complaint with Rajgadh Police Station, alleging, inter alia, that on 26.03.2009 at about 08:00 a.m., her brother Dashrath and one Lalabhai Mohanbhai Nayak had gone for labour work and they returned at about 06:00 p.m. At about 09:30 p.m., when her brother was sitting on the couch outside their house, the said Lalabhai came there and asked her brother Dasrath to come with him to his house. At about 10:15 p.m., the said Lalabhai came abusing Dashrathbhai. He was asking Dasrathbhai as to why, he was not repaying the money borrowed by him. It was, further, alleged in the complaint that, at that point of time, her neighbours, Isubbhai Pathan, and his son Mehboob Isubbhai Pathan were present and they asked them not to fight. However, Lalabhai got enraged and his father Mohanbhai caught hold of Dasrathbhai and the said Lalabhai inflicted blows of 'Kosh ' (a sharped tipped instrument used for digging) on the head of Dasrathbhai, as a result thereof Dasrathbhai died on the spot. The accused, then, fled away therefrom.