NARENDRASINH KESHUBHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Vide a judgment dated 19.07.2003 passed by the Ld. Addl. Sessions Judge, Fast Track Court at Surendranagar, Gujarat in Sessions Case No. 27 of 2002, the appellant Narendrasinh Keshubha Zala stood convicted for having committed offences under Section 302, Indian Penal Code read with Section 34, Indian Penal Code as also under Section 25 (1) A and Section 27 (2) of the Arms Act. In relation to the offence under Section 302, Indian Penal Code, he is sentenced to suffer imprisonment for life and pay fine of Rs. 500 and in default thereof, an additional sentence for one month. The same stands affirmed by the High Court vide impugned judgment.

(2.) In brief, the case set up by the prosecution reads as follows: on 14.1.2002 at around 2:30 AM police registered an FIR in relation to the murder of a person namely, Ram. The complaint was registered on the asking of Shri Mahipal K. Jadeja (PW-1), father of the deceased in the night intervening 13-14th of January, 2002. The Complaint records the complainant to have stated that at around 11:00PM one person known as Munna Bhai alias Krupal Rajnikant (PW-6) had come on a motorcycle to his residence informing him of his son being critically injured and being taken to MG Hospital in an autorickshaw. The Complainant along with this person reached the hospital where he saw the dead body of his son lying on a stretcher. There was a cut on the left eyebrow and the right side of the neck bleeding profusely. On inquiry he was informed by the doctor that the victim had died as result of a fire shot injury. Significantly, in the complaint recorded the same day at around 02:15 AM he states that, his son had left the house for a walk after having dinner. Further, "... I have no information as to how and who killed my son..." and that "... his son had no animosity prompting anyone to kill...".

(3.) With the registration of the FIR, investigation was conducted by I.O. Manbha Bepasaheb Parmar, (PW - 20) which revealed that on 13.1.2002 at around 9:30 PM, while the deceased and Nirav Bipinbhai Patel (PW-3) were sitting on the Nala near the Circuit House, accused Narendra and Shailendra - pillion rider came on a motorcycle and after a brief talk, accused Narendra Zala (Appellant herein) shot dead the deceased with a gun, which was discovered pursuant to his disclosure statement. With the completion of investigation, challan was presented in the court for trial only against accused Narendra Zala.