RUPABHAI PARSINGBHAI SANGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants - convict have preferred this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Panchmahal camp at Dahod on 29. 5. 2001 in Sessions Case No. 30 of 2000 convicting them for the offence punishable under section 302 of the Indian Penal Code read with section 34 of the Indian Penal Code and sentencing them to undergo life imprisonment and out of that to undergo minimum 10 years RI and to pay fine of Rs. 2000/- in default thereof to undergo SI for two months.

(2.) ACCORDING to the prosecution case, on 7. 11. 1999 at about 11:44 in the noon, the accused gave abuses to deceased Natubhai Raisingbhai and accused Rupabhai gave axe blow to him. Accused Balwantbhai and Parsingbhai beat him with sticks. On account of the injuries, Natubhai died.

(3.) ON the basis of the first information report lodged by Raisingbhai Motibhai, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the offence punishable under sections 504, 302 r/w 34 and 114 of the Indian Penal Code. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No. 30 of 2000. The learned Additional Sessions Judge framed charge Exh-2 for the aforesaid offences. The accused pleaded not guilty and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to them. The accused in their further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that false case is filed against them. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the accused for the offence punishable under section 302 r/w 34 of the Indian Penal Code and sentenced them as mentioned herienebefore. Being aggrieved by the said decision, the accused have preferred this appeal.