STATE OF GUJARAT Vs. SHYAM BABURAO LAXMANRAO JADAV

JUDGEMENT

(1.) These appeals arise out of a common judgement dated 04.02.2011 rendered by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 436 of 2009. The prosecution case is that deceased Ashok Radhakrishna Mudaliyar had long standing feuds with Getiya and his brother Shashikant @ Shashi Kumarbhai Kuppuswami. On 04.11.2008, in all, six persons including the said two brothers Getiya and Shashi traveling on two motor cycles barged into the house of deceased Ashok at about 5 O'clock in the evening. They were wielding deadly weapons such as swords, knives etc. Laxmiben Radhakishan Shitam, mother of Ashok and Vimlaben Ashokkumar Mudaliyar, wife of Ashok were present at the house. Since Ashok was not at the house, they left in search of him. A short while later, at about 7 O'clock, these assailants found Ashok outside a temple near Hatkeshwar Police Chowki. They all assaulted Ashok with their weapons such as swords and knives causing multiple injuries all over the body. Ashok was shifted to a nearby hospital where he died later. Getiya died before the trial began. A charge was framed against five accused of having committed offences punishable under sections 143,147,148,149,341,302 and 120B of IPC. The Trial Court convicted only accused No.1, Shashikant @ Shashi Kumarbhai Kuppuswami and acquitted the rest of the accused. The State has preferred Criminal Appeal No. 780 of 2011 against acquittal. The convicted accused Shashikant @ Shashi Kumarbhai Kuppuswami has filed Criminal Appeal No. 1984 of 2012.

(2.) We may record the gist of the evidence. Laxmiben Radhakishan Shitam, PW 2, Exh 23, mother of the deceased Ashok was the first informant. She deposed that she lived in Ramol area of Ahmedabad. Her son Ashok had married Vimla through court marriage. Shashi wanted to marry Vimla. Vimla did not agree to the marriage. Ashok also had a fight with Shyam Jaduwala (accused No.2) on the Rakshabandhan day.

(3.) Vimla Ashokbhai Muddaliyar, PW 3, Exh 27, wife of the deceased Ashok also lived in the same house as that of PW 2. She deposed that she had performed love marriage with Ashok. Shashi wanted to marry her. Since Shashi could not marry her, he had beaten up her husband and brother-in-law. On