The main legal point established in the judgment is the reliance on eyewitness testimony, the establishment of motive, and the application of section 34 of the Indian Penal Code to establish common intention in a murder case.

JUDGMENT

MR. BHASKAR BHATTACHARYA

1. Both these appeals are heard together and are disposed of by this common judgment as those arise from a common judgment passed by the learned Sessions Judge.

2. The accused No. 2 and 3 of Sessions Case No. 130 of 2003 have filed these appeals respectively against the order of conviction and the consequent sentence dated 7th October 2003 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Vadodara, whereby the learned Sessions Judge found both the appellants guilty of the offence punishable under section 302 read with section 34 of the Indian Penal Code and sentenced them to life imprisonment and further to pay a fine of Rs.5000/-each with a further stipulation that in default of payment of fine, they would undergo further simple imprisonment for 30 days. By the said judgment, the learned Sessions Judge, however, acquitted the accused No.1 of the offence punishable under section 302 read with section 34 of the Act.

3. The translated version of the charge reads as under:

“As you, the accused persons, asked the deceased Amarsinh Suvanbha Vasava to give Rs. 1300/-which was outstanding, there was an altercation between you and the deceased on 18/2/03 at about 10.00 hrs at moje Araniya village. You, the accused persons harboured animosity regarding the same and you came with sticks and axes at about 17.00 hrs in connivance of each other in furtherance of your common intention. You, the accused no.1 possessed a stick in hand and you, the accused no.2 and 3 inflicted fatal blows with scythe on the head of the deceased and thereby caused the death of the deceased intentionally. You all the accused persons helped one another in committing such act and thereby you have committed punishable offence under section 302 read with section 34 of the I.P.C. within the jurisdiction of this Court. Therefore, the trial of the abovementioned offence should be conducted against you, the accused persons in this Court.”

4. The case made out by the prosecution may be summed up

4.1 One Ranchhodbhai Amarsing lodged a complaint before the thus:

Dabhoi Police Station that he had been residing at Dabhoi Town for the last 12 years and his original village was Araniya and his parents and brother reside at Araniya and earned their livelihood by doing labour work.

4.2 On the last 17th February 2003 at about 7-45 hours in the night, somebody had told his wife from the street that his father has been injured in village Araniya. On being so told, he inquired on phone at village Araniya and one Kanchanbhai Lallubhai Bariya had told him that Manshukhbhai Koyjibhai Tadvi and his sons Raman Manshukhbhai Tadvi and Suresh Manshukhbhai Tadvi had inflicted axe blow on head, and he had sustained much injuries, and therefore, he must come to village Araniya. He, therefore, went to Araniya in a jeep from Dabhoi and after reaching his home, he saw that as his father had sustained head injury, he was bleeding and was lying on the cot. By that time, he had already died. He, therefore, asked his mother about the incident when she told that, Koyji Rama Tadvi, the father of Mansukhbhai, had mortgaged the farm to his brother Mohan Rama Tadvi before about ten-twelve years. Redemption of the said farm was done by Manshukhbhai Koyjibhai Tadvi from Mohan Rama Tadvi in the running monsoon season and at that time, his father, Amarsing Chuvanbhai Vasava, stood as surety. As Mansukh Koyji Tadvi did not pay the money to Mohan Rama, in the morning of 17th February 2003, Mansukh Koyji Tadvi met him near the water tank, and his father told him to give the money of Mohan Rama Tadvi. At that point of time, Manshukh had threatened to kill his father if he came in the farm in the outskirts. Thereafter, at about five o'clock in the evening, when his