DAYARAM CHHAGANRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the appellants who were original accused in Sessions Case No. 41 of 2001 came to be convicted by Sessions Judge, Vadodara on 10/4/2002 for the offences punishable under sections 302 and 324 of the Indian Penal Code [ipc] and each of them was awarded sentence of imprisonment for life and fine of Rs. 500/-, in default, simple imprisonment [si] for 3 months for the offence punishable under section 302 and SI for 3 months and fine of Rs. 100/-, in default, SI for 15 days for the offence punishable under section 324 of the IPC. The sentences were ordered to run concurrently and they were given benefit of set off.

(2.) THE prosecution case, in nutshell, is that the incident occurred at about 7. 30 p. m. on 28. 10. 2000, in the area called Sampa, Narmada Vasahat, Taluka Karjan, District Vadodara. As per the prosecution case, before about 2 years from the date of the incident, Nayansing Vajesing [ PW 8] had borrowed Rs. 1,000/- from the appellant no. 2 - Revaram Chhaganram. On the date and time of the incident, the appellant no. 2 had asked Nayansing to repay the debt and some quarrel took place. It is further alleged that at the time of the incident, the appellant no. 1 Dayaram was armed with Dhariya and appellant no. 2 Revaram was armed with axe. The appellant no. 2 Revaram Chhaganram inflicted blows with axe on the person of deceased Jagdish Vajesing and caused fatal injuries and also inflicted blows to Nayansing Vajesing [ PW 8], Kiranben Nayansing [ PW 9] and Tejalben Jagdishbhai [ PW 10] and caused simple hurt to the witnesses. All the injured and the deceased were taken to Karjan Government Hospital and deceased Jagdish was declared dead by the doctor and the injured witnesses were given treatment. Karansing Sukabhai lodged FIR in Karjan Police Station regarding the incident, which came to be registered and investigation was commenced. During the course of investigation, statements of material witnesses were recorded. Both the appellants came to be arrested and the weapons were seized. After collecting required material for the purpose of lodgement of charge-sheet, charge-sheet came to be filed in the Court of the Ld. Judicial Magistrate First Class, Karjan. Since the offence was exclusively triable by the Court of Sessions, the Ld. Magistrate committed the case to the Court of Sessions at Vadodara, which was registered as Sessions Case No. 41/2001.

(3.) CHARGE was framed against both the appellants at exh. 3, to which they did not plead guilty and claimed to be tried. The prosecution thereupon, adduced its oral and documentary evidence. After the conclusion of the oral evidence adduced by the prosecution, the Ld. Sessions Judge, recorded further statements of both the appellants under section 313 of the Criminal Procedure Code and the appellants generally denied all the allegations levelled against them by the prosecution. After considering the evidence on record and the submissions made on behalf of both the sides, the Ld. Sessions Judge recorded conviction of both the appellants for the offences punishable under sections 302 and 324 read with section 114 of the IPC and awarded the sentence as hereinbefore referred to in this judgment.