THAKOR CHAMANJI AJMALJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal calls in question the correctness of judgment and order dated 02.01.2002 passed by the Additional Sessions Judge, Mehsana in Sessions Case No.125 of 2000.

(2.) THE present appeal is filed by four accused challenging their conviction and sentence for the offences punishable under Section 302 of the Indian Penal Code. All the accused are sentenced to life imprisonment and to pay a fine of Rs.1,000/ - in default to suffer R.I. for four months. For committing offence under Section 324, all the accused are sentenced to undergo R.I. for one year and to pay a fine of Rs.300/ -, in default to suffer R.I. for two months. For committing offence under Section 325 of the IPC, all the accused are sentenced for two years R.I. and to pay a fine of Rs.500/ - in default to suffer R.I. for three months. For committing offence under Section 504, all accused are sentenced to six months R.I. and to pay a fine of Rs.100/ - in default to further suffer R.I. for one month. For committing the offence under Section 506(2), all accused are sentenced to one year R.I. and to pay a fine of Rs.300/ -, in default to further undergo R.I. for two months.

(3.) FOR the offence which is alleged to have been committed on 12.01.2000, the F.I.R. was fined on 13.01.2000 by the son of deceased. Name of the deceased is Manaji Hiraji Thakor, whereas the name of the complainant is Ranaji Manaji Thakor who is sole eye witness. It is the case of prosecution that in the past, there was some dispute with regard to passing of water through drainage between the parties and therefore, prior to occurrence of incident, there was some verbal altercation and thereafter, the present incident has taken place. It is the case of prosecution that Accused No.1 was armed with Dhariya, Accused No.2 and Accused No.3 were armed with sticks and Accused No.4 was also armed with Dhariya. It is the case of prosecution that accused No.1 inflicted a dhariya blow on head of deceased, Accused No.2 and 3 inflicted stick blows on hands of deceased and when the complainant intervened, he was also beaten by Accused No.4 by dhariya causing injury on head and also causing fracture on the hand of complainant.