BARKEBHAI FELE VARLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants in this appeal challenge the judgment and order rendered by Sessions Court, Valsad, on 23rd April, 1999, in Sessions Case No.51 of 1997, convicting both the appellants for the offence of murder and sentencing them to undergo imprisonment for life and to pay a fine of Rs.1000/ - and, in default, to undergo rigorous imprisonment for a further period of one year.

(2.) THE appellants were tried by the Sessions Court along with seven other accused persons for the offences punishable under Sections 143, 147, 148, 149, 323, 337 and 302 of the Indian Penal Code. The alleged incident occurred on 4.7.1995 at about 4.00 P.M., at village Moti Korvad in Valsad District. As per the prosecution case, the appellants along with other accused persons constituted an unlawful assembly, the common object of which was to commit assault on the first informant and the witnesses. Before the Trial Court, appellant No.1 was arraigned as accused No.2 and appellant No.2 was arraigned as accused No.7. It was alleged that the accused other than the appellants instigated the present appellants and, in response thereto, the appellants inflicted stick blows on head of Mankiya Kashiram Varli, which resulted in his death. It was also alleged that the other accused persons caused injury to the witnesses with sticks and stones besides giving kick and fist blows. It was also alleged that the appellants along with other accused persons used abusive language and insulted the witnesses. They also committed breach of a notification by the District Magistrate under the Bombay Police Act prohibiting carrying of weapons.

(3.) WE have heard learned Advocate, Ms. Sagar, for the appellants and learned Additional Public Prosecutor, Mr. Bhate, for the respondent -State.