NAGINBHAI @ SIGO RAMABHAI PADHIYAR Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Naginbhai @ Sigo Ramabhai Padhiyar
STATE OF GUJARAT
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(1.) BOTH these appeals are directed against the selfsame judgment and order of sentence dated 29.01.2008 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Anand, therefore, they have been disposed of by this common judgment.
(2.) THE case of the prosecution as disclosed during the trial are that on 11.10.2006 at about 11:30 hours at the exhortation of appellant No.3Champaben, the appellantsSureshbhai Manibhai and Girishbhai, on the pretext of passing by the house of appellantSureshbhai by the original complainant, deceasedArbindbhai and other witnesses, gave a blow on the head of the deceased by an axe; while appellant No.2Girishbhai gave a blow on the forehead of the deceased by means of wooden plank, as a result of which the deceasedArbindbhai sustained grievous injuries and consequentially died. A complaint in respect of this incident was lodged by the complainantBhikhabhai Chaturbhai Padhiyar. In pursuance of this complaint, FIR vide Bordsad Station ICR No.167 of 2006 came to be registered.
(3.) THE investigation was taken up and after usual investigation, chargesheet came to be filed against the appellants. The offences committed by the appellant were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Anand under Section 209 of the Code, where it was registered as Sessions case No.20 of 2007. Charge vide Exhibit -6 came to be framed against the appellants. They pleaded not guilty and claimed to be tried.
3.1. In order to bring home the charge against the appellants, the prosecution examined the following witnesses:
Sl. No. Name of the Witness Ex. No. 1. Bhikhabhai Chaturbhai Padhiyar 20 2. Muniroddin Kamruddin 22 3. Mahendrabhai Bithalbhai Sharma 25 4. Bhagwanbhai Babardas 34 5. Sureshbhai Bhibhabhai Padhiyar 36 6. Audal Husain Saiyed 37 7. Dr. Chetan Biharilal Jani 39 8. Ashok Vand Rasikvand 43 9. Ganpatbhai Becharbhai Gohel 47 10. Rangitsing Rana 50 11. Jadaben Rameshbhai 55 12. Bhibhabhai Sanabhai 56 13. Dahyabhai Shankarbhai Patel 48
3.2. The prosecution also produced and relied upon the following documentary evidence during the course of the trial.
Sl. No. Particulars Exh. No. 1. Inquest Panchnama 35 2. Panchnama of the place of offence 59 3. Map of the place of offence 46 4. Original complainant 21 5. FSL report 68 6. Postmortem Note 42 7. Serological report 69 8. Copy of police station dairy 57
After conclusion of the trial, further statement under section 313 of the Code of the appellants came to be recorded. The defence in the further statement is of total denial. The learned trial Judge heard the arguments of learned APP and learned advocate for the appellants and after appreciating the evidence, recorded the judgment and order of conviction against the appellant as aforesaid. Therefore, the present appeals.;
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