JAGUBHAI @ JAGMALBHAI GOVINDBHAI DODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned counsels for the parties.

(2.) IN this case, there is alleged to be three murders, but the trial Court has convicted the appellants -accused only for one murder because there is hardly any substantive evidence to sustain the conviction for three murders. Only conviction has been recorded under Section 302 of the IPC in relation to death of Dhiru Duda. It is alleged that six persons assaulted Dhiru Duda by two sharp edged weapons, one by axe and another by dharia. Two persons also assaulted by iron rods. Those who have inflicted stick injuries have not been convicted. Those, who had dharia and iron rods have been convicted with the aid of Section 34 IPC. Substantive offence has been held to be proved against the appellant namely Jagmal who had an axe. From the medical report, we find that there are only two injuries and the two injuries have been sustained by deceased Dhiru Duda and they are contused lacerated wound, which can be inflicted by hard and blunt substance.

(3.) IN this background, it was offered to the Court that there was no intention of any of the accused to cause death of deceased and it was only when one Rambhai Kesarbhai - complainant was being given beating that these persons intervened and got killed.