PATEL RASIKBHAI BHAGWANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal under Sec. 374 Code of Criminal Procedure, 1973 (Code), the appellants have assailed the judgment and order of the learned Addl. Sessions Judge, Mehsana recorded in Sessions Case No 223 of 1991, on 21-3-1992, whereby (i) the appellant No. 1 (A-l) - Patel Rasikbhai Bhagwandas came to be convicted and sentenced for imprisonment for life under Sec. 302 I.P.C, and also to pay fine of Rs. 500.00 and in default to undergo further imprisonment for six months for having committed murder of Mukesh Ranchhoddas, (ii) Appellant No. 2 (A-2) Patel Kapilaben Bhagwandas came to be convicted and sentenced for imprisonment for life under Sec. 302 I.P.C. and also to pay fine of Rs. 500.00 and in default to undergo further imprisonment for six months for having committed murder of one Ramesh Gandalal, (iii) Appellant No. 3 (A-3)-Patel Gitaben Bhagwandas came to be convicted and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 500.00 and in default to undergo further imprisonment for six months for attempting to murder one Rasik Gandabhai under Sec. 307 I.P.C., (iv) all the appellants (A1 to A3) came to be convicted and sentenced for simple imprisonment for four months and to pay fine of Rs. 250.00 and in default to undergo further simple imprisonment of one month under Sec. 135(1) of Bombay Police Act, 1951.

(2.) Skeleton projection of relevant and material facts, alleged, by the prosecution may, be briefly articulated, at this stage, so as to examine the merits and challenge, against the impugned judgment and order of conviction and sentence.

(3.) The prosecution has, inter alia, alleged that all the three appellants-original accused Nos. I, 2 and 3 respectively (hereinafter referred to as A-l, A-2, and A-3 for short, convenience and brevity) had entertained a common intention of causing death of deceased Mukesh Ranchhoddas and Ramesh Gandalal, the brother of the complainant Rasik Gandalal who has also suffered severe injuries and in furtherance of such common intention attacked on complainant party on 13-8-1991, at about 5-00 p.m., near the house of accused persons, in village Karajisan of Kadi Taluka, Mehsana District. The accused persons gave wild abuses and thereafter A-l-Rasik Bhagwandas inflicted a blow of sword on the right side portion of the chest of one Mukesh Ranchhodbhai which culminated into his death. The accused No. 2- Kapilaben Bhagwandas gave a knife blow on the chest portion of one Ramesh Gandabhai which proved to be fatal. The A-3-Gitaben Bhagwandas gave knife blows to the complainant-Rasikbhai in an attempt to murder him.