Decided on February 04,2014

Dilipbhai Khodabhai Mori Appellant


- (1.) AS all appeals arise from the common judgment and the order passed by learned Sessions Judge, they are being considered simultaneously.
(2.) AS there are cross appeals, the parties shall be referred to as per their original status before the learned trial court as complainant or accused as the case may be.
(3.) THE short facts are that a complaint was filed by Sureshbhai Raisangbhai Mori PW 5 with Wagra Police Station on 02.10.2010 stating that he received phone call from his wife Kapilaben that son of Daji (brother of father) Dilip Khodabhai Mori (accused) has injured her mother in law Lakshmiben with khodali axe with the pointed portion on both the end (hereinafter referred to as "axe") and she is lying in the field behind the house and therefore, he immediately came to Paldi at his residence and he found that the accused had given blows of axe on the left side of the head and had run away. It was also stated that as there was resistance by the deceased Lakshmiben to the accused for entering to the field, he was excited and blows were given to his mother with axe. The aforesaid complaint was investigated by the police and ultimately the chargesheet was filed against the accused. Thereafter case was committed to the Sessions Court being Sessions Case No.10 of 2011. The charge was framed by the learned Sessions Judge and the case was tried by the learned Sessions Judge. The prosecution in order to prove the guilt of the accused examined 15 witnesses. The details of which were recorded by the learned Sessions Judge at Para 3 of the judgment. The prosecution also produced the documentary evidence of 22 documents. The details of which are mentioned at para 4 in the judgment of the learned Sessions Judge. The learned Sessions Judge thereafter recorded the statement of accused under Section 313 of Cr.PC wherein the accused denied the evidence against him. In the further statement, the accused stated that the deceased was his aunty and there was no quarrel with her and a false case was filed against him and he was innocent.;

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