RAJENDRASINH KHENGARSINH WALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants - convicts have preferred these appeals under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by Addl. Sessions Judge, Bhavnagar, Camp : Mahuva on 21 -4 - -2001 in Sessions Case No.343 of 1998 convicting them for offences punishable u/s 302 -114 of the I.P. Code and sentencing them to undergo life imprisonment and to pay fine of Rs.10,000/ -, in default thereof, to undergo simple imprisonment for one year.

(2.) IN brief the prosecution case was that before about eight days of incident, Niroobha cousin brother of accused Rajendrasinh gave abuses to deceased Firozbhai Ismailbhai without any reason. Therefore, Firozbhai scolded him. On the day of incident, at about 1 -00 p.m. While Firozbhai was driving his passengers to Valavav from Mahuva in his tempo, when he reached near Shitalamata temple on Sathrana road, accused Rajendrasinh and accused Mahendrasinh blocked the road and accused Rajendrasinh with axe and accused Mahendrasinh with iron pipe started assault. On account of assault, Firozbhai sustained injuries and was taken to Mahuva Government Hospital for treatment and he lodged first information report with regard to incident. Firozbhai succumbed to the injuries during treatment.

(3.) ON the basis of the first information report, offence was registered and investigation was started. At the end of investigation charge sheet was laid against the accused for the aforesaid offences. As the offence was triable by Sessions Court, the case was committed to Sessions Court, Bhavnagar, Camp Mahuva and it was registered as Sessions Cases No. 34 of 2001. Learned Addl. Sessions Judge, Bhavnagar, Camp : Mahuva framed charge Exh.4 for the offence punishable u/ss 302, 323, 325 and 114 of the I.P. Code and u/s 135 of the Bombay Police Act. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.