PATEL CHHOTUBHAI RANCHHODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the original accused who is convicted for the offence under Sections 302 and 324 IPC and imposed sentence of R.I. for life R.I. for foul months and R.I. for four months with a direction that substantive sentences to run concurrently. He is convicted and sentenced by the learned Addl. Sessions Judge Valsad at Navsari in the Sessions Cast No. 96/83 by the judgment and order dt. 18-5-1984.

(2.) The accused was charged for the offence under Section 302 IPC on the allegation that about 8-00 p. m. on 21-8-83 he voluntarily and intentionally inflicted fatal injuries by knife blows on his brother Ravjibhai Ranchodbhai in Village Gandevi of Valsad District. He was further charged for the offence under Section 324 IPC for causing injury to witness Ikuben. He was also charged for the offence under Section 324 IPC for causing injury to Nanubhai Ravjibhai. The accused had pleaded not guilty.

(3.) The short facts of the prosecution case can be stated as under: The accused and deceased are brothers. On the date of the incident the accused had gone to the house of his deceased-brother who was residing just near his house in Havadia Falia in Village Gandevi. They were talking with each other. At that time Ikuben daughter of the decreased was preparing food inside the house. Her mother Gangaben was cleaning the utensils outside the house and her brother Nanubhai was also in the house. The accused called Ikuben and gave her Rs. 3.5 for bringing liquor and she brought the same and gave it to the accused and again she went for prepar- ing food. There was some verbal quarrel between the deceased and the accused and thereafter they started fighting with each other. Nanubhai and Ikuben came out. Nanubhai tried to release his father and for that purpose he gave a blow with an wooden bat to the accused. Thereafter accused gave blows with the knife to the deceased. That was also witnessed by Ikuben who had come out of the house. Gangaben also saw that the accused had given two to three blows with the knife to her husband. Even when Nanubhai was trying to release his father the accused gave him blows with knife. Ikuben was also given a knife blow on her head by the accused when she tried to release her father.