JODABHAI NANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the appeal, the appellants have challenged a judgement and order dated 25.3.1994 rendered by learned Additional Sessions Judge, Amreli in Sessions case No.62/89.

(2.) THE appellants were the original accused. They were charged with offences punishable under Sections 307, 324 read with Section 34 of the Indian Penal Code. They were convicted and sentenced to rigorous imprisonment for four years and simple imprisonment for three months for the said offences respectively. They were also ordered to pay fine.

(3.) PROSECUTION case was that on 3.3.89, at about 7 O' clock in the morning, when one Dayalbhai Kanjibhai was passing in a bullock cart with his wife Champaben in Charmadi village of Babra taluka, Amreli District, appellants Nos. 1 and 2 (i.e orginal accused Nos. 1 and 2 respectively) attacked them with Axe and Stick. They gave Axe and Stick blows to Dayalbhai Kanjibhai. When his wife tried to intervene, she was also given beating. Appellant No.3 original accused No.3 was present there and he was shouting to beat them. Appellant No.1 had an Axe in his hand, appellant No.2 had a Stick. Dayalbhai Kanjibhai -PW1(exh.8) stated that on 3.3.89, he was going in a bullock cart to his field. His wife was also with him. When he came near the field of Mohan Ram, the appellants Nos. 1 and 2 beat him and his wife. Appellant No. 1 gave blows with his Axe and appellant No.2 gave blows with his Stick. The blows were given on the head. Thereafter, some more blows were also given to him with a Stick. He however, stated that appellant No.3 neither gave any blows nor stated anything. He regained consciousness only in Morbi hospital.