ATULJI NAGAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment of the High Court of Gujarat setting aside the order of acquittal passed by the learned Additional City Sessions Judge, Ahmedabad and convicting the appellant under Section 302, Indian Penal Code and sentencing him to imprisonment for life.

(2.) Sohanji Jethaji, who resided in a Chawl in the Chemanpura area of Ahamedabad, was murdered on 17th December, 1972. Eleven persons, who resided in the adjoining Kumhars' Chawl, including the appellant were accused of the murder. The case of the prosecution was that Sohanji and his friend Gulabji went to attend a "Havan" at about 7.00 P.M. on the day of Dussehra 17th October, 1972, conducted at the entrance of the Kumhar's chawl. They proceeded from there to the house of Rupaji Hairaji situated in another Chawl., On the way they met Ganeshji Gannaji who owed money to Gulabji. Gulabji demanded repayment from Ganeshji. The appellant happed to reach there and intervened., It is said that the intervention enraged Sohanji and he pushed the appellant aside., The appellant, it was alleged, returned later with ten men armed with Dharias, sticks, pipes and a knife. The appellant himself possessed a Dharia. They moved off to Rupaji's hut where Sohanji and Gulabji were present. The appellant hit Sohanji on the head with the Dharia. The other accused are also said to have attacked him. Sohanji fell down and shortly thereafter died on the spot.

(3.) The First Information Report was lodged by Sohanji, the maternal uncle of the decease at about 8.45 p.m. on the same day. A police investigation followed. The Additional City Sessions Judge tried the accused for offences under S.147 and Section 302 read with Section 149, Indian Penal Code and also under Section 348, I.P.C. He acquitted them.