DEVJIBHAI BIJALBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - original accused Nos. 1 and 2 have preferred this Criminal Appeal under section 374 of the Code of Criminal Procedure questioning legality and validity of the judgement and order of conviction and sentence passed by the 6th (Ad-hoc) Additional Sessions Judge, Bharuch in Sessions Case No.91 of 2012 dated 23/09/2015, by which the Sessions Judge convicted both the appellants - original accused for the offence punishable under sections 302 read with section 114 of Indian Penal Code and sentenced them to undergo life imprisonment with fine of Rs.5000/- each, and in default, sentenced to undergo further Simple Imprisonment for a period of six months. The Sessions Judge also granted benefit of set off as per section 428 of the Code of Criminal Procedure.

(2.) The case of the prosecution, in nutshell is that, the complainant Sureshchandra Ramsangbhai Rathod, lodged complaint alleging inter-alia that the accused had gone in the shop of Manjulaben @ Rekha daughter of Arvindbhai Rathod on 6/7/2012 and demanded tobacco gutka, however she informed that gutka is sold out. Therefore, the accused started abusing and quarreling. The deceased and others asked the accused not to use abusive words but the accused got angry and he pushed to the deceased Ramsangbhai and his son Haresh, as a result they had fallen down and received injury on head. Police complaint to that effect was filed. Keeping vengeance of the same, both the accused hatched a criminal conspiracy. In the evening on 7/7/2012, both the accused were near the temple adjourning to Jolava to Suva Pagdandi road. It is alleged that the accused No.1 was having axe in his hand. When the deceased was also going to Village Suva on the same road, in the evening during 9.00 hours to 9.30 hours on 8/7/2012, at the western-side of the Filatex Company, the accused No.1 inflicted blows with his axe on the head deceased and accused No.2 snatched away stick from the hands of the deceased. The accused No.2 inflicted blows with stick on the head of the deceased, and caused serious injuries, as a result of which the deceased died. It is alleged that both the accused were waiting for the deceased near the temple.

(3.) Mr.Ramnandan Singh, the learned counsel appearing for the appellants - original accused has vehemently submitted that the Sessions Court erred in convicting the appellants for the offence punishable under section 302 read with section 114 of IPC and imposing the sentence of life imprisonment. He submitted that the conviction is against the evidence on record, against the provision of law and against settled legal position. He submitted that the trial court failed to appreciate that the case against the appellants is not proved beyond reasonable doubt.