MARWADI KJSHOR PARMANAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal by special leave has been directed by the two appellants Marwadi Kishor Parmanand and Marwadi Mangal Dhulji against the judgment of High Court of Gujarat whereby the High Court has converted the acquittal of the appellants herein recorded by the Additional Sessions Judge, Junagadh into a conviction under Secs. 302/34 of the Indian Penal Code and sentenced them to life imprisonment.

(2.) The complainant Ranchhodbhai Bhagwanbhai, PW 1 at the relevant time, was a Government Contractor and the two deceased persons, namely, Punaram and Sohanlal who were known to him were also engaged in the contract business. The deceased Punaram and Sohanlal were interested in securing the contract from Saurashtra Chemicals for removal of dust (Grit) and in that connection they had approached the complainant Ranchhodbhai to ascertain whether he too was interested in the same. It is said that a sum of Rs. 25,000 was deposited by the deceased persons through a bank draft with Saurashtra Chemicals but no final deal was struck in their favour till 11-8-1977. The compalinant accompanied by the two deceased persons came to Porbandar from Junagadh on 11-8-1977 at about 11-00 a.m. and met O. P. Makkar, PW 8 an officer of Saurashtra Chemicals in his office. There they discussed with him the terms and conditions but the contract was still not finalised. It is said that a car belonging to the old contractor, whose contract work with Saurashtra Chemicals was going on, was parked outside the gate of the company, but there was no one in the car. The complainant Ranchhodbhai along with the two deceased Punaram and Sohanlal left Saurashtra Chemicals at about 12-30 p.m. and proceeded on a rickshaw to Sudama Chowk and from there they proceeded on foot towards Ghayal Lodge to take meals there. While so proceeding towards Ghayal Lodge they passed from the Liberty Talkies Road to a narrow lane and from there to a broader lane at the end of which there was a road. According to the complainant when they came out of the broader lane, the two appellants came on a scooter from opposite direction which they stopped and parked near them. It is alleged that both the appellants got down from the scooter with open knives in their hands and rushed towards Punaram and Sohanlal. One of the appellants held Punaram and another held Sohanlal and asked them as to why they were coming in their way. The deceased Punaram and Sohanlal offered to withdraw from the contract if the appellants were interested in the same. It is said that the contract in which the deceased were interested was given to Mukesh & Co. and one Ram Gopal had an interest in the same and since the appellants were not only related to Ram Gopal, but they were themselves partners in Mukesh & Co., and therefore, they were not happy with the deceased who were trying to obtain the said contract.

(3.) The complainant being frightened with the attitude of the appellants with open knives, he stood at a distance at the corner of the broader lane watching them with fear and anxiety. It is said that though the deceased were prepared to withdraw themselves from the said deal yet one of the appellants gave one knife blow to Punaram and another appellant gave one knife blow to Sohanlal. The complainant, Ranchhodbhai, looking to the incident of assault by knife, became nervous and ran away from there and came to a nearby lane. Soon after he heard that the appellants started the scooter and went away. The complainant, Ranchhodbhai, again returned to the lane where the incident had occurred. He noticed that though there were bloodstains in the lane but Punaram and Sohanlal were not there and, therefore, he proceeded ahead and found Punaram lying unconscious at the corner of the by-lane. He rushed to a nearby tea shop and made a telephonic call for ambulance and also informed the Police Station of the incident. Thereafter he proceeded further and found that Sohanlal was lying dead on the Liberty Talkies Road. According to the complainant the ambulance arrived after about an hour and injured Sohanlal and Punaram were taken to hospital by the complainant. The Medical Officer who attended the two declared them dead. It is said that in the meanwhile the Police Inspector, Dwivedi, PW 20 also arrived in the hospital where the complainant Ranchhodbhai (PW 1) gave first information report at 3-30 p.m. marked A' which was registered in the Police Station at about 3-45 p.m.