MUNNO @ KAMLESH NIKUL TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals are filed against the judgment and order dated 31/12/2003 rendered in Sessions Case No. 56/2002 by the Ld. Addl. Sessions Judge, F.T.C. No. 3, Bharuch at Rajpipla, whereby the appellants - accused have been convicted as under:

(2.) AT the outset, we take up the Criminal Appeal No. 214/2004 filed by Madhuben, Shantaben, Nagjibhai and Kishorbhai. All these accused persons have been convicted with the aid of Section 201 read with Section 114 of the IPC. Out of these accused persons, accused Shantaben died and her appeal is abated. As far as other three accused persons are concerned, allegations against them are to the effect that they have tried to destroy the evidence of the murder by pushing the body of the deceased and cleaning the floor. We record reasons subsequently, but we are persuaded that no case of destroying the evidence of murder by the accused persons punishable under Section 201 read with Section 114 of the IPC is made out against them.

(3.) NOW we take up Criminal Appeal No. 318/2004 filed by the accused Munno alias Kamlesh and Ashaben. The case of the prosecution is that the deceased came to the house of the accused Kamlesh and demanded 'Gundano mor' [flowers of vegetable tree], which was in the house of the accused. On that demand, there was a quarrel and when the deceased and accused Kamlesh were quarreling, Ashaben told accused Kamlesh do not quarrel, finish him, on which Kamlesh went inside the house and brought out Paliya and hit injuries on the deceased. On this, the case was investigated. Charge -sheet was filed against 6 persons and all 6 persons have been convicted as aforesaid.