THAKOR BAKAJI BIJALJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against judgement and order dated 7. 12. 2000 passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No. 214 of 1999.

(2.) HEARD learned counsel for the parties. It is not disputed that the death of the injured Takhaji Dhiraji occurred on 15. 3. 1999. The incident occurred on 9. 1. 1999 which was a very trifling of the demand of Rs. 200/ -. That the accused had gone at the residence of Pashiben Bijalji. The injured deceased intervened and on that intervention he received about 12 injuries which ultimately proved fatal at the passage of time of two months. The learned counsel has not disputed the incident but has canvassed that in no case it can be said to be a case which would fall clause Thirdly of Section 300 of the Indian Penal Code. Since clause Thirdly of Section 300 of the Indian Penal Code is not attributable, the incident was trifling, death has occurred after more than two months, the accused may be convicted Section 304 Part-I of the Indian Penal Code. Most of the accused have remained behind the bars beyond 8 years. Accused No. 5 died during the pendency of the appeal. Accused No. 3, a very old person, was released recently. Ladies were granted bail by this Court but their complicity cannot be said to the extent of that the male accused members are.

(3.) LOOKING to the facts and circumstances of the case, the learned A. P. P. has submitted that when death has caused, the culprits should be dealt with sternly.