SHANABHAI BABARBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, who are original accused persons in Sessions Case No. 158/90, have challenged the conviction, judgment and order recorded by the Additional Sessions Judge in Sessions Case No. 158/90 dated 15-2- 91 under S. 302 read with Section 34 of the Indian Penal Code (IPC), by filing this appeal under S. 374 of the Code of Criminal Procedure, 1973 (Code). Skeleton facts relevant for the purpose of appreciation of the merits of the case may, shortly, be stated at this stage. The prosecution case has been that the appellant No. 1, original accused No. 1, had illicit relation with the wife of prosecution witness Bakor Gordhan. The incident in question occurred on 8-6-90 in the early morning, at about 1.00 a.m. which was preceded by an incident in which the deceased Jayanti Mulji alias Bechar had rebuked and had also given slaps to accused No. 1, Shana, for having illicit relation with Lalita. Prosecution case, therefore, is that the crime was committed because of the said motive.

(2.) Accused No. 1, Shana, was armed with an axe and accused No. 2 was armed with knife. They attacked the deceased, Jayanti alias Bechar, in the early morning at about 1.00 a.m. on 8-6-90 when the deceased was sleeping on a cot in front of his house in open varandha. Accused No. 1 gave axe blows and accused No. 2 gave knife blows on the person of the deceased, as a result of which, deceased was profusely bleeding and he was shifted to the dispensary where he was declared dead. The prosecution witness No. 2, Raju, son of the deceased, prosecution witness 3, Manjula, wife of the deceased and one Dharmishta, daughter of the deceased were sleeping in the house. Son Raju and, prosecution witness Manjula wife of the deceased were also sleeping in the open varandha near the cot of the deceased.

(3.) On hearing the sound of blows, P.W. 3, Manjula woke up and she found both the accused persons near the cot of the deceased. Accused No. 1 was armed with axe whereas accused No. 2 was armed with knife, as seen by Manjula. She had also seen accused persons running away.