LAWS(SC)-2016-5-29

HARIJAN JIVRAJBHAI BADHABHAI Vs. STATE OF GUJARAT

Decided On May 11, 2016
Harijan Jivrajbhai Badhabhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This appeal by special leave at the instance original Accused No.2, seeks to challenge the judgment and order dated 16.02.2009 passed by the High Court of Gujarat at Ahmedabad dismissing Criminal Appeal No.1035 of 2002 preferred by the appellant challenging his conviction and sentence in Sessions Case No.62 of 1998, Rajkot, for offence punishable under Section 302 of the Indian Penal Code (for short IPC).

(2.) The incident giving rise to the present matter occurred on 16.09.1997 around 11:30 a.m. in the Courtroom of 6th Joint Civil Judge (Senior Division) and Judicial Magistrate First class, Bhavnagar. According to the prosecution one Dalpat was required to attend the 6th Court as an accused and was standing with his co-accused PW 29 Mahendra in the corridor next to the Courtroom waiting for their case to be called out. On the very day original accused No.1 Keshu Badha also had a case listed in that Court for framing of charges. While Dalpat was waiting in the corridor, Accused No.1 Keshu Badha and Accused No.2 Jivraj Badha ie. the appellant came running with sharp cutting weapons in their hands. Apprehending danger to his life, Dalpat rushed into the Courtroom but both the accused chased him into the Courtroom. PW 25 C.R. Thakkar was the Presiding Officer of the Court while PW 30 Bhanji was Court Duty Constable sitting at the entrance of the Courtroom. The other members of Court staff present in the Courtroom were PW 23 Harshaben, Court Clerk, PW 24 Ajitbhai Court Clerk, PW 31 Arvindbhai, Junior Clerk.

(3.) As Dalpat ran into the Courtroom with both the accused chasing him with sharp cutting weapons, there was commotion and people started running helter skelter. PW 25 C.R. Thakkar jumped from the dias and along with the other Court staff ran out. Both the accused gave sharp cutting injuries to Dalpat who collapsed near the dias. According to the prosecution this incident was witnessed by PW 30 Bhanji-Court Duty Constable, PW 29 Mahendra co-accused of said Dalpat and PW 28 P.S.I Kanubhai Patel who was present in the adjoining Court of the Additional Sessions Judge in connection with a case wherein he was one of the witnesses. Having heard the commotion in the adjoining Court, PW 28 PSI Kanubhai, rushed to Courtroom No.6 and found that Dalpat was being assaulted by both the accused. In order to capture the assaulting accused, PW 28 Kanubhai with the help of PW 30 Bhanji closed the door of the Court from outside and also closed the shutter of the lobby and then went to inform local police. He asked Head Constable Barot to make a call and while returning back to Courtroom No.6 came to know that two persons with a big knife had run away from the back side of the Courtroom. He tried to chase them but could not arrest them.