PRADIPBHAI KOYABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused who have been, by the impugned judgement of the learned Additional District and Sessions Judge, Panchmahal dated 29.09.2012, convicted for the offences punishable under sections 302, 325, 323 of IPC and under section 135 of the Bombay Police Act. They have been sentenced to life imprisonment for offence under section 302 and lesser sentences are imposed for the remaining offences. During pendency of the appeal, accused No.2 Dilipbhai Koyabhai Solanki expired. Appeal qua him, therefore, has become infructuous.

(2.) Briefly stated, the prosecution version was that, on the date of the incident i.e. on 14.10.2011 at about 8 O'clock in the evening, due to previous animosity, the four accused attacked Narvatsinh Pratapsinh Solanki, PW 11, causing serious injuries. They, then severely beat up his adopted son Rangeet who died about a day later during treatment. The accused were carrying weapons such as iron pipe, stick, log of wood and a kitchen implement called vataniyu which is used for crushing or pulping and is made of stainless-steel or iron. In the present case, the said implement was about one and quarter foot long and was of a thickness of more than one inch.

(3.) Pw 2, Shardaben Parvatbhai, Exh 12 claimed to be an eyewitness and was also the first informant. She deposed that deceased Rangeet was her son. However, since her brother-inlaw Narvatsinh did not have children, he had adopted Rangeet informally. On 14.10.2011, between 8:00 and 9:00 at night, when she received a phone from her brother-in-law, she had gone to the field where the incident had taken place. The accused had smashed her brother-in-law's hands and legs and were beating up her son. Pradipbhai Solanki, accused No.1 had iron rod with which he had given a blow to Rangeet on his head. Dilipbhai Solanki, accused No. 2 had a stick with which he had beaten her son on the body. Harshadbhai @ Lalo Pravinbhai Solanki, accused No. 3 also had a stick with which he had broken her son's leg. Alpeshsing @ Arvind Prabatsinh @ Nanbhai Solanki had an iron vataniyu with which he gave blows on the chest. Pradip Solanki had given a blow with an iron rod to Madhuben, her sister-in-law and then he hit her on her thigh. Harshadbhai had also given a stick blow to Arvind, one of the boys staying in the locality and to Vinod, son of her sister. After this, all four people ran away. She had given complaint before the police which was produced at Exh 13.