THAKOR VISHNUJI SHANKARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been filed by the present appellants-original accused Nos. 1 and 2 being aggrieved and dissatisfied by the judgment and order dated 9-3-2005 passed in Sessions Case No. 32 of 2005 by the learned Sessions Judge, Mehsana, whereby the learned Judge has convicted the accused No. 1 for the offence punishable under Secs. 304 Part II and 324 of IPC and sentenced him to suffer RI for 7 years with fine of Rs. 10,000/-, in default, to suffer further SI for 6 months for the offence under Sec. 304 Part II and to suffer one year RI with a fine of Rs. 5,000/-, in default to suffer further SI for one month for the offence under Sec. 324 of IPC; the accused No. 2 for the offence under Secs. 326 and 324 of IPC and sentenced him to suffer RI for 3 years with a fine of Rs. 10,000/-, in default to suffer further SI for one month for the offence under Sec. 326 of IPC and to suffer SI for three months with a fine of Rs. 2,000/-, in default to further SI for one week for the offence under Sec. 324 of IPC while the accused No. 3 was convicted under Secs. 324 and 323 of IPC and sentenced him to suffer RI for three months with a fine of Rs. 10,000/-, in default to suffer further SI for fifteen days for the offence under Sec. 324 IPC but no order was passed for the offence under Sec. 323 IPC. All the substantive sentences were ordered to run concurrently. The accused were also given benefit of set off for the period already undergone in jail.

(2.) IT is noted that the accused No. 3 has not preferred any appeal and hence, the impugned judgment and order of conviction and sentence has become final final qua him.

(3.) THE case in short is that Kantiji Bhathiji Thakore, a resident of Village Sametra, was at his residence when during the night of 22nd and 23rd October, 2004 at about 2. 00 a. m. the entire Village Sometra was celebrating the festival Dushera, deceased Govindji Somaji Thakore came running raising an alarm to save him. When he, Saviji Naruji, Haluben Somaji asked about the reason for the same, the deceased Govindji Somaji Thakore told that he could not fulfil his promise of repaying the amount of Rs. 200/- borrowed from accused Thakor Vishnuji Shankarji and hence, there was a quarrel between him and said Vishnuji. When they were talking, the accused Thakore Vishnuji armed with knife, Thakore Rayaji Velaji armed with farsi and accused Thakor Dilipji armed with sword attacked the deceased Govindji causing him grievous injuries. When they were trying to rescue the deceased, the accused Rayaji Velaji and Thakor Dilipji caused them injuries. They were then taken to hospital where injured Govindji was declared dead. Hence, the complaint was lodged and the Investigating Officer started investigation. The Investigating Officer carried out inquest panchnama on the dead body of the deceased and registered the FIR. He also visited the place of incident, drew panchnama of scene of incident, collected blood-stained dust and control dust from the place of incident under a panchnama. During the course of investigation, the accused were arrested and seized the clothes worn by the them at the time of offence and sent to FSL for analysis. Upon receipt of FSL and post mortem reports, same were kept with investigation papers. At the end of investigation, charge sheet was submitted against the accused into the Court of learned Chief Judicial Magistrate, Mehsana. As the offence was exclusively triable by Court of Sessions, learned Magistrate committed the case to the Court of Sessions at Mehsana where it was numbered as Sessions Case No. 32 of 2005. Learned Sessions Judge framed charge against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and prayed for trial.