HARDEV BHANJI JOSHI Vs. STATE OF GUJRAT

JUDGEMENT

(1.) THIS is an appeal under section 379 Cr.P.C. read with section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) A ct. The appellant is the original accused No.2. He alongwith his father Bhanji Shamji Joshi (A -1) was tried for offence punishable under section 302 read with section 34 I.P.C. The charge was that on 25.12.77 at about 6 p.m. both of them in furtherance of their common intention caused the death of Dhuda Ramsang, the deceased in the case and they also caused injuries to P.W. 2, the father of the deceased thereby committing an offence punishable under section 325/34 I.P.C. On behalf of the accused a plea of self -defence was set up and the trial Court accepted the plea and acquitted both the accused. The State preferred an appeal against the said order of acquittal. A Division Bench of the High Court con firmed the acquittal of A -1 and convicted A -2, the appellant before us under section 302 simpliciter and sentenced him to undergo imprisonment for life. The High Court disagreed with the finding of the trial Court that the accused had right of self -defence.