VASHRAMBHAI RAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Sec.374 of the Code of Criminal Procedure has been preferred by the appellants -original accused nos.1 and 3 who have been charged and tried for the offence punishable under Sections 302, 323, 324, 506(2) r/w 114 of Indian Penal Code in Sessions Case No.41 of 1995 wherein they were convicted to undergo imprisonment for life and fine of Rs.2,000/ -, in default, to undergo rigorous imprisonment for one year by the learned Sessions Judge, Bhavnagar vide judgment and order dated 19.01.1999. Since the original accused no.2 viz., Manabhai Punabhai has expired during the course of trial on 18.07.1996, case was abated against him.

(2.) THE case of the prosecution in short is as under : -

(3.) SINCE , the complainant shouted for help, other two accused persons also caught hold of him and accused no.1 also inflicted two knife blows to him. During that incident, nephew of the complainant viz., Jivram was afraid and, hence, he hid himself nearby. Thereafter, the accused persons ran away from the place of offence towards Barpara.