THEDA BADHA RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR. P. M. Thakkar, learned Senior Counsel appearing for the accused states that the accused nos. 2, 3 and 10 have expired on 11. 06. 2007, 03. 04. 2009 and 06. 06. 2005 respectively. The concerned death certificates are taken on record. In that view of the matter, the appeal qua accused nos. 2, 3 and 10 stands disposed of as abated. Appeal is taken up for hearing qua the remaining accused nos. 1, 4 to 9 and 11 to 13 (hereinafter referred to as 'the accused' ).

(2.) THE present appeal preferred by the accused is directed against the judgement and order dated 24. 02. 1994 passed by the Additional Sessions Judge and Presiding Officer, Rajkot in Sessions Case No. 26 of 1992, whereby the accused have been convicted of the charges leveled against them under section 304 part I of Indian Penal Code. The accused have been acquitted of the charge levelled against them under section 37 (1) r/w 135 of B. P. Act. 2. 2 The accused were ordered to undergo rigorous imprisonment for ten years and fine of Rs. 2000/- in default to undergo rigorous imprisonment for six months for offence under section 304 part I of Indian Penal Code.

(3.) IT is the case of the prosecution that on 09. 10. 1991, at around 8. 00 am in the morning, the complainant went to the lake near Fuljhar Dam to plant some seeds. He had taken a tractor on rent and his maternal uncle other two people namely Hirabhai Jivabhai and Rama Dhansur. When they reached the lake they saw other people were also present there. The accused were also present there. When the maternal uncle of the complainant tried to sow the seeds, the accused asked him to do it somewhere else and as a result exchange of words took place. The accused no. 1 gave an axe blow on the head of the maternal uncle of the complainant. At that time, the remaining accused also inflicted stick and dharia blows on the victim. The complainant rushed to call for the police. The accused persons had run away by then leaving the victim at his fate. The complainant returned with the police and thereafter took the victim to the hospital. However, the victim was declared brought dead.