MOHAN PARSINH RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant herein is the original accused No. 1 tried with original accused No. 2 in Sessions Case No. 23 of 1991 and found guilty by the learned Addl. Sessions Judge, Baroda, Camp at, Chhota Udepur, for the offences punishable under Sec. 302 I.P.C. and also under Sees. 27 and 30 of Arms Act, and he is sentenced to undergo imprisonment for life and also to pay Rs. 1,000.00 fine and in default to undergo further rigorous imprisonment for six months, and he is sentenced to undergo rigorous imprisonment for three months each under S.27 and S.30 of Arms Act. The appellant questioned the legality and validity of the order of conviction and sentence recorded on 25-10-1991 in Sessions Case No. 23 of 1991 by filing this appeal through jail. The appellant-accused is provided legal aid for his defence.

(2.) The appellant came to be tried by the trial Court along with his son - original accused No. 2 for the charges under Sec. 302 read with 114 of I.P.C. and Sees. 27 and 30 of Arms Act. The prosecution, inter alia, alleged that the appellant on account of motive committed the offence of murder on 9-1-1991 at about 6-00 p.m. near the house of the deceased. The deceased - Nakudia, his wife and other family members were taking dinner on the date of the incident. At that time accused persons who are father and son came near the house of the deceased and original accused No. 2 and abused the deceased and also pelted stones and thereafter he ran away. When the deceased came out of his house the appellant who armed with double barrel muzzle gun fired shot which hit the deceased Nakudia on the chest as a result of which he fell down in the vada portion. The deceased was also dragged to some distance and at that time he was not dead. Therefore, the accused persons had gone near house and beaten the deceased in the presence of widow of the deceased. Thereafter, the deceased came near trie door and succumbed to said injuries.

(3.) The deceased was examined by the Medical Officer on being taken to the hospital where he was found dead. The incident occurred at a small village Sihada in Chhota Udepur taluka. District Baroda. The complaint was lodged at Chhota Udepur as there was no police station at Sihada. Upon investigation it was found that the double barrel muzzle loaded gun of the appellant was used in the commission of offence. That is how the appellant and his son came to be tried for the aforesaid charges. The trial Court upon examining and appreciation of evidence on record found that the original accused No. 1-appellant herein was guilty for the offence under Sec. 302 and sentenced him to life imprisonment and also to pay Rs. 1,000/- in default to undergo further rigorous imprisonment for three months on each count which is challenged by the original accused in this appeal.