- (1.) Appellants ( Heera, Vachana and Sanwala) are convicted and sentenced as per judgment dated 18.7.07 as under :- u/s.307/34 IPC : Five years' R.I. And fine of Rs.2000/-, in default of payment of fine, six months' RI to each accused appellants. u/s.326/34 IPC : Three years' RI and fine of Rs.1000/- in default of payment of fine, three months additional RI to each appellants. u/s. 325/34 IPC : Two years' RI and fine of Rs.500/-, in default of payment of fine, one months additional RI to each appellants. u/s.323/34 IPC : Two months' RI to each appellants. u/s.341 IPC : One month SI to each appellants.
(2.) All the sentences ordered to run concurrently. Challenged is conviction and sentence. Heard learned counsel for the appellants and learned Public Prosecutor.
(3.) Brief alleged events, leading to appellants' prosecution are like that on 19.11.95 at about 3 O'clock, Mesaram PW 1 lodged FIR Ex,P1, stating that on 29.10.95 at about 10-11 am, when his father Karna Ram (PW 3) was coming from their field Nimbrawala, then at a little distance from field, Vashna, Heera and Sanwala sons of Jiva, stopping him, inflicted severe injuries of axe and lathi Heera gave a blow of axe from behind at head, Vashna of reverse spear (Dhariya) at ribs on right of chest Sanwala of lathi at back of father, who crying, fell down. Hearing cries of father, complainant Mesaram along with their workman Vagaram runningly reached than all these (accused-appellants) ran away and father with injuries on head and ribs fell down became unconscious father beaten because of old enmity and dispute regarding field. Father Kana Ram taken in tractor of Darga to village Khara, from where in jeep to Sanchore where doctors of Mehta hospital advised to take him to higher centre, so taken to Ahmedabad civil hospital, where is under treatment. In the FIR, also is mentioned that at Ahmedabad, also personnels of police station, Sahibag had taken statements of Karna Ram and father continuously under treatment also undergone operation so report is being lodged now. On this report, was registered FIR No.104/95 Ex.P2 for offences of Sections 341, 323/34 IPC. In course of investigation, ASI IO PW 10 Khima Ram (i) inspecting place of occurrence, prepared memos Ex.P3 and site plan Ex.P4, (ii) arrested appellant Heera on 14.12.05 at 6.45 am and on his information and at his instance on same day, recovered axe from his Dhani memos respectively are Exs. P7, P16 and P10, (iii) arrested appellant Vachana on 14.12.95 as per his information and at his instance on same day, recovered Dhariya from fencing of his Dahni memos are respectively are Exs. P8, P17 and P11, (iv) arrested appellant Sanwla on 14.12.95 and as per his information and at his instance on same day, recovered lathi from his hut - memos respectively are 9, 18 and 12. (v) Blood stained clothes Angrakhi, Baniyan and Safa presented on 11.11.95 seized and sealed preparing memo Ex.P-19. Injuries of appellant Kanaram examined by doctor on 28.11.95 and x-ray on 29.11.95 reports and plates are Exs. P13, P14 and P15 and opinion regarding injury (asked by investigating officer) is Ex.P20. Copy of said report recorded at police station Sahibag, Ahmedabad and copy of statement of Karna Ram purported to be recorded by Executive Magistrate at Ahmebadad on 31.10.95 is Ex.P6. Recording statements of witnesses and after usual investigation, charge-sheet submitted.;