DHANABHAI MAHIJIBHAI PADIAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants convicts have preferred these appeals under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by learned addl. Sessions Judge, Vadodara on 16-04-2001 in Sessions Case No. 105 of 1998 sentencing them to undergo various imprisonments for the offences charged against them.

(2.) SINCE these appeals arise out of the same judgment they are heard and decided by this common judgment.

(3.) IN brief the prosecution case was that on 16-4-1998 at about 1-00 p. m. to 1-30 p. m. accused Laljibhai Babubhai Padhiyar and accused manubhai Babubhai Padhiyar with 'danti' (agricultural tool used by cultivators), Kanubhai Babubhai Padhiyar with spear, Rangit Shanabhai with spade, Laxmanbhai Babubhai Padhiyar with iron rod, Ramgit shanabhai with spade and Dhanabhai Mahijibhai with stick came to the house of deceased Kalidas Fulabhai and dragged him to nearby field of Amarshi Chaturbhai. Accused Manubhai Babubhai hit one blow of 'danti' on the head and accused Laxmanbhai Babubhai hit iron rod on the leg of Kalidas. As Jashodaben Kalidas raised shouts, her sister-in-law Umedben Fatehsinh came running there and as both of them tried to intervene, accused Laljibhai Babubhai hit 'danti' on left elbow and accused Dhanabhai Mahijibhai hit stick on right arm of Jashodaben; she also sustained injury on account of pelting of stones by accused sonaben Babubhai, accused Maniben Laljibhai, accused Kantaben kanubhai and accused Vidyaben Manubhai; accused Laljibhai Babubhai hit 'danti' on left ear and accused Kantaben Kanubhai hit stone on right arm of Umedben and accused Sonaben Babubhai also hit stones. On account of injuries sustained by Kalidas, he died.