RAYSINH RAMSING MUNIYA Vs. STATE OF GUJARAT
LAWS(GJH)-2008-12-227
HIGH COURT OF GUJARAT
Decided on December 12,2008

Raysinh Ramsing Muniya Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)THE appellants convicts have preferred these appeals under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by learned Jt. District Judge and Addl. Sessions Judge, Fast Track Court at Dahod on 13 -2 -2002 in Sessions Case No.56 and 57 of 2002 convicting them for offences punishable u/s 302, 147, 148 and 149 of the I.P. Code and sentencing them to undergo life imprisonment for the offence punishable under Section 302 read with Section 149 of the I.P. Code and to undergo rigorous imprisonment for three months for the offence punishable u/s 147 and 148 of the I.P. Code.
(2.)SINCE both the appeals arise out of the same judgment they are heard and decided by this common judgment.
(3.)IN brief the prosecution case was that deceased Ramanbhai Khumanbhai was uncle of accused. There were disputes between them about 'vada land' since one year of incident. On 13 -9 -2001 at about 8 -00 O'clock in the morning, when deceased and his wife Samiben came home from their field to have snack, accused Raysing Ramsing with 'dhariya, accused Narvat Ramsing with 'dhariya' without handle, accused Parvat Ramsing, accused Rasul Ramsing and Lilaben wife of Raysing with sticks attacked deceased Ramanbhai. Accused Parvat Ramsing and accused Rasul Ramsing also assaulted Samiben Ramanbhai. On account of injuries Ramanbhai died.
On the basis of the first information report lodged by Samiben, wife of Ramanbhai Khumanbhai offence was registered and investigation was started. At the end of investigation charge sheet was laid against the accused for the aforesaid offences. As the case was triable by Sessions Court, the case was committed to Sessions Court, Dahod and it was registered as Sessions Cases No.56 and 57 of 2002. Learned Addl. Sessions Judge, Fast Track Court, Dahod framed charge Exh.2. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.



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