SOMAJI NATHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants were sent up fro trial before the Sessions Court at Mehsana upon a charge under Sec.302 and Sec.324 read with Sec 34 of IPC for committing mureder of one decease Somaji Bhupatji and for causing serious injuries with dadly weapons to the complainant. Keshaji Bhupatji for which all came to be convicted and sentenced by the Ld. Addi Sessions Judge, Mehsana for the said charges by the impugned/judgment and order, dated 13 1993 which precisely assailed before us in this appear by the original accused through jail, and we have provided services of an advocate under the Legal Aide Scheme for their defence.

(2.) Few material facts giving rise to this conviction appeal may shortly be stated just the prosecution case has been that on 7/11/1991 at about 3.00 p.m. appellants who are the original accused persons had formed and entertained a common intention to commit murder of deceased Somaji Bhupati and to cause voluntary hurt with deadly weapons to the body of the deceased complainant Keshaji Bhupatji Pursuant to the common intention the appellants who are hereinafter referred to as the accused persons for the sake of convenience and brevity armed with weapons.

(3.) The original accused Nos. 1 &2 (appellant Nos 1 & 2 respectively) were armed with sticks and original accuse No.3 (appellant No.3) was armed with dharia had accused No .4 (appellant No .4) was armed with sword. The accused persons caused intentionally murder of deceased Somaji Bhupatji by inflicting blows of deadly weapons held by them Accused nos 1 & 2 gave stick blows and accused No 3 gave dharia blow and accused No.4 gave sword blow.