GAMAJI LALU Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
GAMAJI LALU,MOHAN GAMAJI,VACHALA BHAYALA,CHAND ALL VACHALA
STATE OF GUJARAT
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Per Gheewala, J. -
(1.) The present appeals have been filed by the convicted accused persona against the order of conviction recorded by the learned Additional Sessions Judge, Baroda camping at Chhotanagpur in Sessions Case No. 4/81 on his file. Per Gheewala, J. The present appeals have been filed by the convicted accused persona against the order of conviction recorded by the learned Additional Sessions Judge, Baroda camping at Chhotanagpur in Sessions Case No. 4/81 on his file.
(2.) It is alleged by the prosecution that original accused nos. 2 and 3, namely appellants Chandala Vachala and Mohan Dhakka Bhayala Ultimately it was agreed that they would return the Same but inspite of the fact that the accused was demanding, they were not returning. It appears that by the insistence of the deceased to return the same. the accused got exasperated and it is alleged that on 8-11-1970 at about 5.00 p. m. all the appellants went to the house of the deceased At that time appellant Vachala and appellant Mohan were armed with Palia and appellant Chandala and appellant Gamaji were armed with arrows. Two young daughters of the deceased were with him at his house. The accused No. 1 is alleged to have inflicted 2. Palia blow on the nape of the deceased and no. 2 Chand ala Vachala is alleged to have darted an arrow on the chest of the deceased. no. 3 Mahan Gamaji is alleged to have given a Palia blow on the arm of the deceased and no. 4 Gamaji is not alleged to have done any overt act but it was only alleged that he was standing with an arrow with a view to prevent escape of or aid to the deceased. On hearing the shouts of the daughters of the deceased Bhursang Prevala P. W. 2. Exh. 17 and Malsang Thavaria P. W. 4 Exit, 20 with some others ran to the house of the deceased, They saw the accused running away. Bhursang P. W. 2 has also deposed that he has seen the incident and after beating of the drum the Police Patel also reached the scene. Then they had gone to Ambala out-post and from there they went to Rangpur Police Station and lodged a complaint at about 11-00 p m The Police came to the scene of offence, completed the investigation and the appellant accused were arraigned before the learned Additional Sessions Judge for an offence punishable Vis. 302 r.w. Sec. 34 of the I. P. Code.
(3.) The prosecution relied upon the evidence of Bharsang Pramala P. W. 2, Exh 17. Malsang P. W. 4; and the Medical Officer Dr. Naliniban P. W. 1. The learned trial Judge on appreciation of evidence came to the conclusion that the appellant had formed a common intention to do away with the deceased and in furtherance of the said common intention they had gone to the house of the deceased. While they were duly armed with lethal weapons and they had used the said each of the accused for an offence punishable weapon. He, therefore, convicted each of the accused for an offence punishable under Sec. 302 of the Indian Penal Code r. w. Sec 34 of the IP Code and sentenced them in accordance with law.;
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