KANTIBHAI SHANABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case no. 89/2001, whereby the learned Sessions judge has convicted all the appellants-accused for the offence under Section 302 read with Section 34 of IPC and have imposed sentence of life-imprisonment with the fine of Rs. 500/-

(2.) IT appears that as per the prosecution case, when the complainant Ziniben was at the residence of her mother on 21. 1. 2001, both were taking food and at that time, their family relatives Accused No. 1, Accused no. 2, Accused No. 3, Accused No. 4 (hereinafter referred to as A-l, A-2, A-3 and A-4 respectively) and one Shana Nayak came at the residence and they said that the mother of the complainant Dahiben is a witch and because of her, their family members are remaining ill and sick and, therefore, they said they would kill the deceased and thereafter, there was exchange of hot words and A-3 and A-4 caught hold of the deceased and A-l gave a blow on the head and on the cheek with the axe to the deceased and A-2, who was having stick in his hand gave a blow on the left hand of the deceased and the deceased had fallen down. Therefore, the complaint was filed vide C. R. No. 16/2001 of Godhra Taluka Police station. The investigation was carried out and ultimately the charge-sheet was filed against all the accused - appellants.

(3.) THE learned Sessions Judge framed the charge. The prosecution, in support of its case, in order to prove the guilt of the accused, examined various witnesses and the prosecution also produced the documentary evidences to support its case. The learned Sessions Judge thereafter recorded the statements of all the accused under Section 313 of Cr. P. C. , and in further statements all the accused denied the offence against them and stated that because of land dispute they have been wrongly involved. The learned Sessions Judge thereafter heard the prosecution us well as the defence and found that the prosecution has been able to prove the case against all the accused for the offence under Section 302 read with Section 34 of IPC, therefore, the learned Sessions Judge convicted all the accused for the said offence. The learned sessions Judge thereafter heard the matter on the aspect of imposition of sentence and ultimately imposed sentence of life-imprisonment with the fine of Rs. 500/-upon all the accused. It is under these circumstances the present appeal before this court.