RAMSINH BAVAJI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, who had been acquitted, by the trial Court, for an offence under S. 302 of the Penal Code, has been convicted by the High Court for the said offence and Sentenced to imprisonment for life, on an appeal filed on behalf of the State.

(2.) The prosecution case is that on 7-5-1977 at about 5.30 p.m. Sanat Kumar (PW 6) the informant, had gone to the Ambar Talkies, along with his brother, Sharad Kumar (deceased) for the evening show. Both the brothers took their cycles to the cycle stand of the appellant. PW 6 was asked to pay 40 paise as the charge for keeping the cycles in the stand. Sharad Kumar (deceased, the brother of PW 6, said that in other theatres only 15 paise per cycle was being charged as such why they were being asked to pay 20 paise per cycle. In order to avoid a quarrel, PW 6 said his brother, Sharad Kumar, that they shall not keep the cycles at the said stand. They took out their cycles from the stand and placed them in charge of a hotel keeper, just on the opposite side of the theatre. As they were going inside the cinema hall, the appellant called them and asked them as to why they had not kept the cycles at his stand, whereupon PW 6, told the appellant that they did not want to have a quarrel with him. The appellant asked PW 6 and his brother to get out of the compound. Sharad Kumar (deceased) told the appellant that as they had purchased the tickets for the show, why they should go out of the cinema hall. The appellant gave a slap to Sharad Kumar (deceased). At that very moment, the two co-accused (since acquitted) came there. The appellant caught hold of the hand of PW 6, twisted it, gave a first blow on his ribs. Thereafter a scuffle took place. The appellant took out a knife and gave a knife blow on the left chest of the Sharad Kumar, who fell down. The accused persons ran away. PW 6 tried to lift his brother Sharad Kumar and tried to take him inside the Ambar Talkies, but he could not lift him. He left him on the steps of the Ambar Talkies and went into the office and tried to contact the police by telephone. The persons present in the office did not permit him to talk on the telephone. Then he called a rickshaw and took his brother in rickshaw to the Irwin Hospital, Jamnagar. The doctor who examined his brother, declared him to be dead. PW 6 was shocked. He sat on the bench of the hospital. Head Constable, Gopinath (PW 19, who was on duty at the Irwin Hospital, informed the P.S.I. Shimpi by telephone, that a fight had taken place in the Ambar Talkies and the dead body of one Sharad Kumar had been brought to the hospital. P.S.I. Shimpi (PW 21) having received the telephonic message aforesaid at about 6.50 p.m. rushed to the Irwin Hospital and recorded first the statement of PW 6 and sent the same to the city police station for registration of a case. Thereafter, he held inquest on the dead body of the deceased and prepared an inquest report. Then he sent the dead body for post mortem examination. He also prepared an injury report in respect of the injuries on the person of PW 6 and sent him for medical examination and treatment to the hospital. Then, the Investigating Officer (PW 21, went to the scene of occurrence and prepared a panchnama of the place of occurrence. He took possession of chappie of the deceased, blood-stained crust of cement plaster and recorded the statement of other witnesses. On 8-5-1977, the Investigating Officer, arrested the appellant. The appellant expressed his willingness to produce the knife used in the commission of an offence. He took the Investigating Officer and the panch witnesses to his house and took out the knife from the courtyard of his house.

(3.) After investigation, charges were laid against the appellant and two others for offences punishable under Sections 302, 302 read with Section 34 and 325 of the Penal Code. The trial Court gave benefit of doubt to the accused persons and acquitted them of the charges levelled against them including against the appellant. The High Court on appeal being filed on behalf of the State did not interfere with the order of acquittal against the two co-accused persons but set aside the order of acquittal passed against the appellant and convicted him for an offence under Section 302 and sentenced him to rigorous imprisonment for life.