HARDAS SIDA BHADARKA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises out of a judgment and order rendered by Fast Track Court No. 2, Veraval in Sessions Case No. 54 of 2002 on 16th December, 2003. The appellants came to be tried for the offence of murder of Dudhiben allegedly committed by them on 19th May, 2002 at about 15:30 hours in the outskirts of village Kukarwada where it is alleged that the appellant no. 1 inflicted a blow on the head of the deceased with an iron rod. The deceased fell on the ground and started bleeding. Thereafter, both the appellants went away flinging abuses. The deceased immediately succumbed to the injury. The incident arose out of a dispute on the deceased cleaning utensils and pouring water in the front of the house of the appellants.

(2.) WE have heard learned advocate Mr. Buch for the appellants and learned Additional Public Prosecutor Mr. Shah for the respondents.

(3.) LEARNED advocate Mr. Buch submitted that so far as appellant no. 2 is concerned, there is no evidence against her. There is no evidence to attribute any overt act on her part still, simply because she was with her husband that she is convicted by the Trial Court and her conviction may be set aside.