UMEDBHAI PARSHOTTAMBHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of a common judgment dated 29.4.08 passed by the learned Additional Sessions Judge, Anand in Sessions Case No.82/07. In all. four accused were charged with offences punishable under section 302 read with section 34 of the Indian Penal Code. All the four were convicted. Accused Nos.1 and 2 have filed Criminal Appeal No.1608 of 2008, accused No.3 has filed Criminal Appeal No.1892 of 2008 and accused No.4 has filed Criminal Appeal No.1530 of 2008.

(2.) BRIEFLY stated, the prosecution version was that relation between the deceased and the side of the accused were strained for some time, since accused No.2, Maheshbhai Punambhai Talpada, suspected that Jasubhai was having illicit relations with his wife. On 7.8.06, at about 2 O' clock in the afternoon, when Jasubhai was going towards his house on a bicycle, all the four accused, on account of the previous animosity surrounded him. Accused Nos.1 and 2 gave dharia blows on his head and on neck, accused No.3 was also carrying a dharia and accused No.4 was carrying a spear. Due to the injuries received, Jasubhai died on the spot. Charge to this effect was framed at Ex.5.

(3.) RAMESHBHAI Desaibhai Talpada, PW -12, Ex.37 had lodged the first information. He, however, turned hostile and did not support the prosecution. In the FIR, Ex.60, it was stated that in the morning due to excessive rain, he was sitting at a road side hotel situated in his field run by one Ajmersingh Sardarji. He learnt about some quarrel having taken place in the village. He was preparing to go to the village to find out more details about the quarrel. By that time in the afternoon at about 2 O' clock, his uncle's son Jasubhai Vihabhai Talpada, who also resided in the neighbourhood, left on his cycle to go to the village to get flour. After bringing the flour, near the house of Punambhai Ishwarbhai, accused No.1, he heard some noises. He, therefore, rushed towards the place and saw that Punambhai Ishwarbhai, accused No.1, Dhirubhai Punambhai, accused No.3 and Maheshbhai Punambhai, accused No.2, were carrying dharias and Umedbhai Parshottambhai, accused No.4 had a spear. These four were attacking the deceased. Punambhai Ishwarbhai gave a dharia blow on the left side neck of Jasubhai. Maheshbhai Punambhai gave a dharia blow on the jaw. Thereupon, Jasubhai fell on the road bleeding profusely. When he shouted, others from neighbourhood including Savabhai Amrabhai Talpada, Himatbhai Rupabhai Talpada, Babubhai Rupabhai Talpada and Arvindbvhai Savabhai Talpada arrived. According to him, this assault took place because of the cross complaints arising out of suspicion on the part of accused No.2, Maheshbhai Punambhai that Jasubhai had developed illicit relations with his wife. The prosecution examined two eye -witnesses, one of them being Arvindbhai Savabhai, PW -13, Ex.38. He deposed that at about 2 O' clock in the afternoon of 7.8.06, he was at his house situated near Kania Patiya. At that time, near the house of Punambhai Ishwarbhai, shouting was going on. He and his father Savabhai Amrabhai, Vinubhai Amrabhai and Desaibhai rushed towards the house of Punambhai. When they were about 50 steps away from the house, he saw that all the four accused had surrounded Jasubhai who had a bicycle in his hand. Abuses were being exchanged. Punambhai, Maheshbhai and Dhirubhai had dharias in their hands and Umedbhai was carrying a spear. Punambhai Ishwarbhai gave a dharia blow to Jasubhai on the left side of his neck. Maheshbhai Punambhai gave a dharia blow on the jaw near the neck. Once again, Maheshbhai gave another dharia blow to Jasubhai on his head, upon which Jasubhai fell down on the ground convulsing. At that time, Umedbhai Parshottambhai hit Jasubhai on his shoulder with a spear. When other people had gathered, all the four accused ran away in the fields. The incident took place because of the suspicion of Maheshbhai that Jasubhai had illicit relations with his wife.