VAGHARI DILIPBHAI @ BHURO BABUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of these two appeals, original accused Nos. 1, 2 and 3 have challenged the judgment and order dated 14.11.2003, passed in Special Case No.46 of 2003, by the learned Additional Sessions Judge, Second Fast Track Court, Mahesna, by which all the three accused persons were convicted and sentenced for life imprisonment and to pay fine of Rs.1,000/-, in default, to undergo RI for one year for the offences under Section 302 read with Section 34 of the Indian Penal Code.

(2.) BRIEF facts of the prosecution case are as under:

(3.) ON the other hand, Mr. L.B. Dabhi, learned APP, has supported the reasoning assigned by the learned Trial Court and submitted that the testimony of Shantaben, who is wife of the deceased, cannot be discarded on the ground that she is being the widow of the deceased would involve the accused persons. It is the say of Shantaben, in her deposition Exhibit-16 that prior to one day of the incident, there was a dispute between the accused persons and the deceased about money which was given by the husband of the deceased to appellant No.2, which has ultimately resulted into quarrel. It was alleged that the appellant No.2 had given kick and fist blows to the deceased. When the deceased was brought at home along with Shantaben, Ashokbhai Bhikhabhai Vaghri, her brother-in-law, was present at her residence. On the next day at about 7'O clock in the morning, her husband went to lake for his natures call. Since her husband did not return, she went near the lake to get money for preparing food, where she met her husband, who refused to give money. At that time, all these three accused persons were making quarrel for the said amount of Rs.200/-. She returned at her home and after getting money from her uncle, she prepared food and thereafter at about 11'O clock she again went near the lake. It is her say that at that time she saw the incident in which she found that the accused No.3 had caught hold of the hands of the deceased; accused No.1 had gagged the mouth of the deceased and accused No.2 had given knife blows on the deceased. Therefore, she ran towards her husband and thereafter the accused persons ran away from the place of incident towards their residence. It is her say that she came back at her residence and informed her uncle about the incident and again went to the place of incident. A complaint was recorded by the Police Officer at the place of incident. Now in her cross-examination, she has stated that there is a one hillock of 15 feet height between the lake and her house, which is a part of her mohalla. She has admitted that at the first instance she has seen the incident from a distance of about 60 to 70 feet when the accused were beating her husband. She had specifically admitted that she was in between hillock and her house when she saw the incident. She further admits that after climbing up the small hillock, she went at the place of incident, where she found that the accused persons running away from there and she has seen their back side.