THAKOR VIRAMJI MANJINI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 7. 11. 2002 passed by learned Additional Sessions Judge, Fast Track Court, Patan, in Sessions Case No. 469 of 2002. The learned trial Judge by the aforesaid judgement convicted the accused under Sections 302/114 of the Indian Penal Code and sentenced to life imprisonment with fine of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for three months. The accused were also convicted under Section 135 of the Bombay Police Act and sentenced to rigorous imprisonment for six months with fine of Rs. 100/- and in default of payment of fine, to undergo simple imprisonment for one month.

(2.) THE incident took place on 21. 5. 2002. Thereafter, the accused were arrested. Investigation was carried out. Chargesheet was filed. Case was committed to the trial Court. The trial Court after completion of trial, convicted the accused as aforesaid.

(3.) THE learned counsel for the appellants limits his arguments only to the nature of offence. According to the learned counsel for the appellant, accused No. 1 Thakor Viramji Manjiji is alleged to have caused a pipe blow on head of the deceased. Accused No 2 Thakor Udaji Manjiji has caused lakda blow on hand and accused No. 3 Thakore Bhemaji Kapoorji has caused leg injury by the back of the axe. The other injuries are blunt weapon injuries. On the person of the deceased only one fracture that is attributable to accused No. 3 who is said to be 17 years of age according to the judgement. Accused No. 4 Thakore chenaben Manjiji has caused simple injury. Looking to the facts and circumstances of the case, we are persuaded that accused Nos. 2, 3 and 4 who have caused injuries on the non-vital parts of the body of the deceased, offence under Sections 302/114 of the Indian Penal Code would not be made out against them. Instead accused Nos. 2 and 3 can be convicted under Sections 325/34 of the Indian Penal Code. They have remained inside jail for about 7 years. The sentence already undergone by them is considered sufficient in the interest of justice.