THAKOR BABUJI HAMIRJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants - convicts have filed the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed on 30-7-2002 by learned Addl. Sessions Judge, Fast Track, Mehsana in Sessions Case No. 96 of 2002 for offence punishable u/s 302-323-34 of the I. P. Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 2000/- i/d to undergo simple imprisonment for three months.

(2.) ACCORDING to the prosecution case, there was quarrel between accused Babuji Hamirji Thakor, his brother-in-law Ramaji Joitaji Thakor and deceased Popatlal Joshi about agricultural operations and accused Babuji Hamirji gave kick blows and also inflicted injuries on head of deceased Popatlal Joshi with spade and accused Ramaji also inflicted injuries on the head of deceased Popatlal Joshi with the same spade taken from accused Babuji. Injured Popatlal Joshi was taken to the hospital for treatment but he succumbed to the injuries.

(3.) ON the basis of the First Information Report lodged by Bharatkumar Babulal Joshi, offence was registered and investigation was started. At the end of investigation charge sheet was laid against the accused for the offence punishable u/s 302-323-34 of the I. P. Code. As the offence was triable by Sessions Court, the case was committed to Sessions Court, Mehsana and it was registered as Sessions Case No. 96 of 2002. Learned Addl. Sessions Judge, Mehsana framed charge Exh. 1 against accused for offences punishable u/s 302-323-34 of the I. P. Code. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.