DINESHKUMAR BECHARBHAI GAMETI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of one and common judgment and order. Criminal Appeal No. 17 of 1993 which is hereinafter referred to as Appeal No. 1 is filed by the original accused persons; whereas Criminal Appeal No. 20 of 1993, which is hereinafter referred to as Appeal No. 2 is filed by the State for enhancement. Therefore, they are being disposed of by this common judgment.

(2.) Shortly stated, the material and relevant facts of the present case are the appellants of Appeal No. 1 are the original accused persons and respondent is the State of Gujarat; whereas, respondents in Appeal No. 2 are original accused persons who are hereinafter referred to as accused Nos. 1 and 2, for the sake of convenience and brevity.

(3.) The accused persons were sent up for trial, before the Sessions Court, Sabarkantha, at Himatnagar, in Sessions Case No. 34 of 1992 for offences under Secs. 302 read with S.34, I.P.C. and S.135 of the Bombay Police Act, 1951, in that, it was alleged that on 18-3-1992 at about 11-15 p.m. deceased Popat Dhulaji who was standing along with others near Holi fire, at that time, one boy told him that they are called by the accused persons. Therefore, the deceased went to the place known as Intwada (brickyard) and there, accused No. 2 caught hold of the deceased and accused No. 1 inflicted a knife blow from the back portion of the deceased which culminated into death of Popat Dhulaji. It was the prosecution case that both the accused persons had formed a common intention to commit intentional murder of the deceased on account of the fact, the deceased had scolded and rebuked accused No. 2 Jagdish for keeping illicit relationship with one school girl Gita. The incident just occurred near the Holi fire on Holi day in village Piplodi, of Vijaynagar taluka of Sabarkantha District.