KOLI MADHA SARMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under Section 374 of the Code of Criminal Procedure, 1973 ("the Code" for short), the appellants have assailed the judgment and order of conviction dated 25.06.2004 passed by the learned Additional Sessions Judge, Amreli in Sessions Case No. 23 of 2002, whereunder, the appellants came to be convicted as under:-

(2.) At the outset, it needs to be noted that during the pendency of the appeal the appellant No.1-Koli Madha Sarman has expired on 16.12.2015. Mr. Sejpal, learned advocate for the appellants has tendered the photocopy of his Death Certificate which is taken on record. It is explicitly clear from the Death Certificate that the appellant No.1-Koli Madha Sarman has expired during the pendency of the appeal, and therefore, the appeal, qua the said appellant No.1, stands abated.

(3.) The facts of the prosecution case against the appellants as could be gathered from the impugned judgment and the connected materials are that on 19.03.1992 at about 8.00 a.m. (morning) Bachhubhai Ramabhai (p.w.1) was at home and his father Ramabhai (p.w.2), mother-Nanbai and sisters Bajuben Ramabhai (p.w.6) and Rudiben Ramabhai (p.w.3) were seating in the gallery of the house. At that time, p.w.2 came to the gallery on hearing commotion and found appellants giving filthy abuses and beating his father (p.w.2). The appellant Nos. 2 & 3 (Koli Jadav Sarman & Koli Bhima Sarman respectively) were armed with an axe while deceased-appellant No.1 was armed with iron rod. The appellant No.3-Bhima Sarman gave blow by means of an axe on the head of p.w.2, as a result, p.w.2 fell down. At that time, appellant No.2-Koli Jadav Sarman gave blow near the right eye of p.w.2 by the blunt side of an axe. The mother of p.w.1 and sister intervened to save p.w.2 whereupon all the three appellants started giving blows to them by an axe and iron rod. All the three appellants fled from the scene of occurrence upon the intervention of p.w.1. The injured were taken to Jafarabad Government Hospital for treatment. P.w.1 lodged the complaint in respect of the incident which came to be registered vide C.R. No. 41 of 1992.