RAMESHBHAI AMRUTLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present group of appeals arise out of the judgment and order dated 30th July 2002 passed by the learned Additional Sessions Judge, Court No. X, Ahmedabad, in Sessions Case No. 163 of 2001 whereby the learned Sessions Judge convicted the accused Nos. 1, 2, and 3 for the offence under Section 302 read with Section 34 of IPC and sentenced them to undergo life imprisonment with a fine of Rs. 5,000/ -.

(2.) THE present group of appeals arise from the same judgment and order passed by the learned Sessions Judge and therefore are being heard and decided by this common judgment and order.

(3.) THE prosecution story as contained in the first information report was that Ranjitsinh s/o Pratapsinh resides at Parmeshwar Park along with his another brother Jitendrasinh and father Pratapsinh. Those were the days when the incident occurred preparations for marriage of Jitendrasinh were going on. In connection with the marriage of Jitendrasinh they had gone to Jamfarwadi and while they were there talking to Dipak, who is another son, about marriage preparations of Jitendrasinh, the accused persons had said to have come. They are also said to be friend of the deceased. They called Dipak with them and took him away. The deceased did not turn up until 11. 30 PM at Jamfarwadi and three persons, namely, Ranjitsinh, Pratapsinh and Jitendrasinh continued to be there waiting for him. Then, while they were thinking of going in search, Gafoor @ Amarsinh Dabhi arrived there and on his arrival he informed them that while he was driving his rickshaw, he had two passengers whom he had taken to Sattadhar Society near Baroda Express Highway. He heard certain skirmishes. Having identified that the noise could be that of Dipak, he went there and saw that the accused persons were assailing Dipak. Accused No. 1 was armed with sword, accused No. 2 " Pappu Pager had knife and accused No. 3 had no weapon and he was hitting the deceased with kicks and fists. Seeing the accused performing the aforesaid acts, this witness turned around and went to Parmeshwar Park where he did not find these three persons and therefore he came to Jamfarwadi and informed them.