JUDGMENT :

Bhaskar Bhattacharya, J.

This appeal is at the instance of three convicted persons and is directed against the order of conviction and the consequent sentence dated 20th August 2009 passed by the learned Additional Sessions Judge & Presiding Officer, Fast Tract Court No.3, Ahmedabad (Rural) District, Mirzapur, Ahmedabad in Sessions Case No. 69 of 2008 thereby convicting all the three accused persons for the offence punishable under section 302, 294(b) read with Section 114 of the Indian Penal Code and sentencing them to suffer life imprisonment and a fine of Rs.3000/- each with a stipulation that in default of payment of the fine, they would undergo simple imprisonment for further 30 days.

2. During the pendency of the appeal, appellant-accused No.2, viz. Laxmanji Shivaji Thakor, died on 8th April 2012. Thus, the appeal insofar as it relates to appellant-accused No.2, Laxmanji Shivaji Thakor stands abated.

3. On 17th February 2008, Takhaji Ramtuji Thakor filed a complaint before the Police Station Officer, Sanand alleging that the accused persons killed his brother, Karshanji Ramtuji Thakore. Upon completion of the investigation, the police filed a charge sheet before the learned Judicial Magistrate, First Class, Sanand for the offences punishable under sections 302, 294(b) and 114 of the Indian Penal Code and as the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court.

4. The translated version of the charges framed against the appellants are quoted below:-

"At about 8-30 a.m. on 17/02/2008, the complainant and the witness came to irrigate by the water coming from Narmada canal in his farm for the wheat crops on his land of three bihga situated on the way to Bharvanpura in the outskirts of mauje Nana Viramgam. At that point of time, you, the accused persons told the deceased Karshanji that, "water is not to be taken from my farm"; therefore, Karshanji Ramtuji told that, "Narmada canal is the Government property, nobody's father owns it." Therefore, you the accused Bachuji Baldevji Thakore became angry all of a sudden and used abusive language haphazardly and the accused Laxmanji Shivaji Thakore caught hold of the deceased Karshanji and the accused No.3 Kantaben snatched away the spade and you the accused Bachuji Baldevji inflicted two scythe blow on the head of the deceased Karshanji, though he had knowledge that there is probability of causing death of Karshanji by this injury, intentionally inflicted two scythe blows on head part and caused grievous hurt and therefore, blood oozed out from the head of the deceased. Thereby, you the accused Bachuji Baldevji Thakore having committed a culpable homicide that is offence of murder within the jurisdiction of this court, has committed the offence punishable under Section-302, 294(kh) of the IPC.

At about 8-30 a.m. on 17/02/2008, the complainant and the witness came to irrigate water coming from Narmada canal in his farm for the wheat crops on his land of three bihga situated on the way to Bharvanpura in the outskirts of mauje Nana Viramgam. At that point of time, you the accused persons told this witness Karshanji that, "water is not to be fetched from my farm" therefore Karshanji Ramtuji told that, "Narmada canal is the Government property, nobody's father owns it." Therefore, you the accused Bachuji Baldevji Thakore, became angry all of a sudden and used abusive language haphazardly and you the accused Laxmanji Shivaji Thakore caught hold of the witness Karshanji and you the accused Bachuji Baldevji inflicted two scythe blow on the head of the witness Karshanji, he died of the said injury, you the accused Kantaben Baldevji Thakore having abetted in this act extended abetment in the act of culpable homicide that is to say in the act of murder, thereby you have committed the offence punishable under Secti