RAYSINH RAMSING MUNIYA 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 learned Jt. District Judge and Addl. Sessions Judge, Fast Track Court at Dahod on 13 -2 -2002 in Sessions Case No.56 and 57 of 2002 convicting them for offences punishable u/s 302, 147, 148 and 149 of the I.P. Code and sentencing them to undergo life imprisonment for the offence punishable under Section 302 read with Section 149 of the I.P. Code and to undergo rigorous imprisonment for three months for the offence punishable u/s 147 and 148 of the I.P. Code.

(2.) SINCE both the appeals arise out of the same judgment they are heard and decided by this common judgment.

(3.) IN brief the prosecution case was that deceased Ramanbhai Khumanbhai was uncle of accused. There were disputes between them about 'vada land' since one year of incident. On 13 -9 -2001 at about 8 -00 O'clock in the morning, when deceased and his wife Samiben came home from their field to have snack, accused Raysing Ramsing with 'dhariya, accused Narvat Ramsing with 'dhariya' without handle, accused Parvat Ramsing, accused Rasul Ramsing and Lilaben wife of Raysing with sticks attacked deceased Ramanbhai. Accused Parvat Ramsing and accused Rasul Ramsing also assaulted Samiben Ramanbhai. On account of injuries Ramanbhai died.