DILPESH BALCHANDRA PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal by way of special leave arises out of the following facts:

(2.) On 16th August 1999 at about 8.30 p.m. Ravubha the complainant and his wife Lilaba along with their son Indrasinh and his wife and children were at their residential Flat No. 28, Madhuben Apartments, village Aduput, District Kutch. Indrasinh, however, left the house for purchasing a beedi from the adjoining shop. Ravubha, however, called out to him to return to the house immediately and a few seconds later Ravubha and Lilaba heard Indrasinh seeking help. They rushed out of their apartment and saw that Indrasinh had been caught by the first accused Balchandra Parmanand Panchal and his son Hitesh Balchandra whereas the second son Dilpesh Balchandra, the appellant herein, was inflicting knife blows on him. On seeing Ruvabha and Lilaba the three assailants ran away after throwing the knife and its scabbard on the floor. A neighbour Kishorebhai also reached the place immediately and helped the others in taking Indrasinh to the hospital. Other relatives of Indrasinh and the police were also informed on the phone as to what had happened. A police party reached the place shortly thereafter and PSI Jala, who was on patrol duty was informed on the wireless. The PSI then returned to the Police Station and thereafter proceeded to the Rambagh hospital and recorded the statement of Ravubha whereupon a case under Section 302 and 114 of the IPC and under Section 135 of the Bombay Police Act was registered. PSI Jala also reached the place of incident, made the necessary enquiries and picked up the knife and scabbard from the place where the assailants had thrown them. The accused who were living in Flat No. 26 in Madhuben Apartment were also arrested from their residence. On the completion of the investigation, the three accused were charged for the offences mentioned above.

(3.) The prosecution in support of his case relied on the statement of 14 witnesses, including the two eye witnesses, the parents of the deceased Ravubha and Lilaba, and in addition to the medical evidence and the evidence of the recovery witnesses. The accused in their statements under Section 313 of the Cr.P.C. denied their involvement in the incident and pleaded that they have been falsely roped in as their relations with the complainant party were strained as the appellant herein had earlier been employed by them in their factory but as he had allegedly misbehaved during his employment he had been unceremoniously thrown out from his job.