PRAJAPATI VISHNUBHAI SHANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal arises out of the judgment and order dated 14/9/2001 rendered by the Sessions Court, Mehsana in Sessions Case No. 16/2001, whereby the appellants came to be convicted by the Sessions Court. Appellant no. 1 came to be convicted for the offence punishable under section 302 read with section 34 of the Indian Penal Code [ipc] and was ordered to be imprisoned for life and to pay a fine of R. 2,000/-, in default to undergo rigorous imprisonment [ri] for six months. For offence punishable under section 447 read with section 34 of the IPC, appellant no. 1 was ordered to undergo RI for 2 months and fine of Rs. 200/-, in default to undergo RI for 15 days. So far as appellant no. 2 is concerned, besides being convicted for offences punishable under sections 302 read with 34 and 447 read with 34 of the IPC and being sentenced at par with accused - appellant no. 1, be came to be convicted for offence punishable under section 324 of the IPC and sentenced to undergo RI for 6 months and to pay fine of Rs. 500/-, in default to undergo RI for one month.

(2.) BRIEF facts of the case are that the appellants and victim deceased Prabhudas Somnath owned adjacent fields. They had some dispute on 6/10/2000 in respect of irrigation of the field and, therefore, on 7/10/2000 it is alleged that both the appellants went to the field armed with Dhariyas and started giving abuses to Prabhudas. Prabhudas, therefore, objected to the same and as a result, it is the case of the prosecution that appellant no. 1 Vishnubhai inflicted a Dhariya blow on head of the deceased. Due to the shouts raised by the son of the deceased, Vithaldas, Vinuji Manaji and others came to the spot. During this transaction, Vithaldas Prabhudas was also attacked upon by appellant no. 2 with a Dhariya and caused injuries to Vithaldas. The duo then went away. Deceased Prabhudas and Vithaldas were taken to hospital and later on Vithaldas Prabhudas lodged FIR narrating all these details, on basis of which, offence was registered and investigated. Ultimately the police filed charge-sheet in the Court of the Ld. Judicial Magistrate First Class, Kalol, who in turn committed the case to the Court of Sessions, as the offences were triable by the Court of Sessions and Sessions Case No. 16/2001 came to be registered.

(3.) CHARGE was framed against the accused persons at exh. 4. Both the accused persons pleaded not guilty to the charge and claimed to be tried.