TARABHAI BABABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal No. 1050 of 2003 is filed against the judgment and order dated 31st July 2003 passed by the learned Joint District and Additional Sessions Judge, 3rd Fast Track Court, Bharuch at Rajpipla in Sessions Case No. 19 of 2002 whereas Criminal Appeal No. 20 of 2004 was filed by the State against the acquittal of accused Nos. 2 to 7 by the learned Sessions Judge.

(2.) THE case of the prosecution is that on 1. 11. 2001 at about 10. 00 hours the accused persons formed an unlawful assembly with the common intention of killing the deceased. With the above intention, they came to the land bearing Survey No. 253 situated at village Zundiya with sticks and axes. The deceased Bhikhabhai Diveliyabhai Vasava was grazing his goats in the said land. The accused gave foul language and abused the deceased and asked him why he was grazing his goats in the field. The accused further told the complainant that they are the owners of the field and therefore he should not graze on the said land. The complainant told them not to use foul language and not to harass him. On hearing this, all the accused got excited and accused Nos. 1 and 5 inflicted axe blows and caused serious injuries on the head of the deceased whereas accused Nos. 2, 3, 4, 6 and 7 gave stick blows on the deceased. The deceased therefore succumbed to the injuries. The police therefore registered the complaint being C. R. No. I 163 of 2001 for the offence punishable under Sections 302, 34, 504, 143, 147, 148 and 149 of IPC against the accused persons.

(3.) DURING the trial, in all 20 witnesses have been examined by the prosecution. At the conclusion of the trial, the learned trial Judge was pleased to hold all the appellant to be guilty of the offence punishable under 302 of IPC and sentenced him to life imprisonment with a fine of Rs. 2,000/- in default to further undergo SI for 90 days. The learned Judge however acquitted him of Sections 143, 147, 148, 149 and Section 504 of IPC. The learned trial Judge was pleased to acquit the other accused persons of the charges levelled against him against which the State has filed Criminal Appeal No. 20 of 2004.