Case Note & Summary
The judgment arises from two connected appeals: Criminal Appeal No. 1515 of 2013 filed by original accused Nos. 1 and 2 (Parmar Chhaganbhai Bhojabhai and Dashrathbhai Ambalal Raval) against their conviction and sentence, and Criminal Appeal No. 1315 of 2013 filed by the State of Gujarat against the acquittal of original accused No. 3 (Gangaben w/o Chhaganbhai Bhojabhai Parmar). The trial court, by judgment dated 21.03.2013 in Sessions Case No. 100 of 2011, convicted accused Nos. 1 and 2 under Section 302 read with Section 34 IPC and sentenced them to life imprisonment with a fine of Rs.1,000 each, while acquitting accused No. 3 of all charges under Sections 302, 323, 504, 506(2), 34 IPC and Section 135 of the Bombay Police Act, 1951. The prosecution case was that on 24.05.2011 at around 5:00 PM, a quarrel occurred between complainant Ashaben w/o Sureshbhai Bhikhabhai Raval and accused No. 3 over a trivial incident the previous day involving water splashing from a pit on accused No. 3 while the complainant's son was playing. It was alleged that accused No. 3 instigated accused Nos. 1 and 2, who were armed with swords, to attack the deceased Sureshbhai Bhikhabhai Raval (husband of the complainant). Accused Nos. 1 and 2 inflicted blows with swords on vital parts of the deceased's body, including chest, back, abdomen, hands, and face, causing his death. The deceased tried to escape but was chased and attacked. The High Court, after hearing both sides, dismissed the appeal of accused Nos. 1 and 2, upholding their conviction and sentence, and also dismissed the State's appeal against acquittal of accused No. 3, finding no perversity in the trial court's view.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 34 Indian Penal Code, 1860 - Conviction upheld where two accused armed with swords inflicted multiple blows on vital parts of deceased following instigation by third accused - Held that the evidence of eyewitnesses and medical evidence established the fatal attack and common intention to cause death (Paras 1-24). B) Criminal Law - Acquittal - Appeal against acquittal - Section 378 Code of Criminal Procedure, 1973 - State appeal against acquittal of accused No. 3 dismissed as prosecution failed to prove instigation beyond reasonable doubt - Held that the trial court's view was plausible and not perverse (Paras 1-24).
Issue of Consideration
Whether the conviction of original accused Nos. 1 and 2 under Section 302 read with Section 34 IPC is sustainable, and whether the acquittal of original accused No. 3 is justified.
Final Decision
Both appeals dismissed. Conviction and sentence of accused Nos. 1 and 2 upheld; acquittal of accused No. 3 confirmed.
Law Points
- Section 302 IPC
- Section 34 IPC
- Section 323 IPC
- Section 504 IPC
- Section 506(2) IPC
- Section 135 Bombay Police Act
- 1951
- Common intention
- Acquittal appeal by State
- Conviction appeal by accused
