BHUPATBHAI BACHUBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) FACTUAL ASPECTS :

(2.) The prosecution case in brief is that PW-1 Danabhai is the brother of the deceased. He had two brothers. The deceased was engaged in the business of diamond polishing. At about 9.45 pm on 17/9/1996, when PW-1 was sitting in his pan-bidi shop, one Vajsurbhai came to him by motorcycle and told him that the appellants had assaulted the deceased. On hearing this news, PW-1 went towards village Jhanjhmer. He met his uncle Ramabhai on the outskirts of the village, who was taking the deceased to the hospital by a tempo. According to the prosecution case, Karshanbhai (PW-4), Dayabhai, Jivabhai and other villagers were sitting in the tempo. The deceased was taken to the clinic of Dr. Goti at Dhola village. As per his advice, the deceased was immediately shifted to Bhavnagar in a private hospital.

(3.) The Trial Court disbelieved the testimony of PW-4 Karshanbhai for various reasons. In the impugned judgment, the High Court noted that though, according to the case of PW-4, he received injuries on 17/9/1996 at the hands of the accused, Dr Jagdishbhai (PW-5) deposed that PW-4 informed him that he suffered injuries on 18/9/1996. The High Court, in the impugned judgment, held that in his police statement, PW-4, had correctly stated that he was injured on 18/9/1996. Therefore, the statement he gave before the Court and the statement given by the doctor were meaningless. The High Court held that although the number of persons who witnessed the incident have not been examined, the appellants failed to adduce any evidence to falsify the prosecution's version. By the impugned judgment, after overturning the acquittal of the appellants, the High Court sentenced them to undergo life imprisonment.