VALKUBHAI RAMBHAI KATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Valkubhai Rambhai Kathi original accused No. 1 in Sessions Case No. 23/88 on the file of AddI. Sessions Judge, Amreli has preferred the present appeal against the judgment delivered by the said learned Additional Sessions Judge. Amreli on 25-5-1989 by which he has been held guilty of the offences under Sees, 302 and 326 I.P.C. and sentenced him to suffer R 1 for life and R.I for five years and to pay a fine of Rs. 5.000/- or in default to suffer R.I. for one year respectively.

(2.) It is the case of the prosecution that on 24-12-1987 at about 11.00 a.m. at village Rajula Lakhubhai Gigabhai and his brother Dhirubhai Gigabhai were attacked by the present appellant and one Manubhai Jivabhai and at that time present appellant was found armed with an axe and a knife whereas Manubhai was armed with an iron bar with T shape. The first informant Lakhubhai Gigabhai was attacked by both the accused with their respective weapons and therefore, he fell down and at that time Dhirubhai Gigabhai who tried to cover Lakhubhai Gigabhai was also attacked by both the accused with their respective weapons. It is alleged that the appellant had given blows of the axe on his head and the appellant further gave a the knife blow on his head near right ear; whereas Manubhai Jivabhai had given blows of iron bar. Due to the said act both the informant and that the deceased had fallen on the ground and thereafter both the accused ran away. Both the injured persons had become unconscious and they were removed to the hospital. When Dhirubhai was reached at the hospital it was found that he was dead whereas the first informant Lakhubhai Gigabhai regained conscious after reaching hospital. On his examination it was found that there was a fracture of his left parietal bone and there were other injuries on his person. The F.I.R. of Lakhubhai Gigabhai was recorded in the hospital and thereafter offence was registered against the accused. The post mortem was carried out on the dead body of Dhirubhai. In the post mortem it was found that there was a compound fracture on the bone at the left side of the eye brow 10 cm. above the left eye and blood clots were found in the brain due to-internal celebral haemorrhage on account of the said injuries. The accused were arrested and on completion of the investigation they were charge-sheeted in the Court of learned JMFC at Rajula who committed them to the Court of Sessions by the order dated 13-8-1988 as they were charged for the offence under Sec. 302 I.P.C. and other offences.

(3.) The charge was framed against the present appellant and the other accused vide Exh. 1 for offence under Sec. 302 read with Sec. 34 I.P.C. as well as under Sec. 302 I.P.C. individually and also Sees, 325 and 326 read with Sec. 34 I.P.C. as well as under Sees, 325 and 326 I.P.C. individually.