SADAT NANJIBHAI SURJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing the instant appeal under Section 374[2] of Code of Criminal Procedure, 1973 [hereafter referred to as 'the Code'], the appellants have challenged the judgment and order dated 31.3.2003 passed by the Additional Sessions Judge, [Fast Track Court], Himmatnagar, in Sessions Case No. 48 of 2002, by which the learned Judge convicted both the appellants under Section 302 read with Section 34 of IPC with life imprisonment and a fine of Rs. 2000/ - each, in default, simple imprisonment for one year, and convicted appellant No. 1 for the offence punishable under Section 324 of IPC with rigorous imprisonment for two years and fine of Rs. 500/ -, in default, simple imprisonment for three months.

(2.) THE short facts giving rise to the present appeal are stated herein below.

(3.) AS per the prosecution case, the incident in question took place on 29.12.2001 at about 8.00 p.m. in the evening. The appellants along with other accused, armed with deadly weapons, assaulted deceased Manguben Vaksibhai on her head and other vital part of the body and thereby committed the offence punishable under Section 302 read with Section 34 of IPC. The appellant No. 1 was armed with axe, while the appellant No. 2 was armed with stick. The appellant No. 2 attacked the deceased with stick and thereby aided and abetted the appellant No. 1 and other accused in committing the assault on the deceased Manguben. Thus, the appellant No. 2 committed the offence punishable under Section 324 read with Section 337 of IPC. Kishorbhai Vaksibhai Sadat gave a complaint to Bhiloda Police Station on 30.12.2001, wherein, he narrated the incident in an exhaustive manner as to how the assault was committed on deceased Manguben. On the strength of the complaint given by Kishorbhai, the Investigating Officer visited the place of incident and prepared panchnama in the presence of panch witnesses. The injured who sustained injuries were sent to the hospital for immediate treatment. The dead body of Manguben was sent to the hospital with a view to have post -mortem. The inquest panchnama of the deceased was also prepared in the presence of panch witnesses and the panchnama of the clothes put on by the deceased was prepared by the Investigating Officer. The Investigating Officer arrested the appellants and other accused who were involved in the commission of the offence. Muddamal which was recovered from the place of the incident was sent to Forensic Science Laboratory for the purpose of detailed analysis. After receiving the injury certificate, the post -mortem report as well as the report from the FSL, the appellants were charge -sheeted and produced before the Judicial Magistrate First Class at Bhiloda. The learned Magistrate committed the case to the Sessions Court under Section 209 of the Code as the case was exclusively triable by the Sessions Court.