RAMMESH B JADEJA Vs. STATE

JUDGEMENT

(1.) Appellant, who had been acquitted, by the Trial Court, for an offence u/S. 302 of the Penal Code, has been convicted by High Court and sentenced to Life Imprisonment.

(2.) The prosecution case is that on 7.5.77 at about 5.30 P.M. Sant Kumar (PW6) the informant, had gone to the Ambar Talkies, along with his brother, Sharad Kumar (deceased) for the evening show. Both the brother took their cycles to the cycle-stand of appellant. PW6 was asked to pay 40 paise as the charge for keeping the cycles in the stand. Sharad Kumar the brother of PW6, said that in other theatres only 15 paise per cycle was being charged as Such why they were being asked to pay 20 paise paise per cycle. In order to avoid a quarrel, PW6 said to his brother, Sharad Kumar, that they shall not keep the cycles of 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, appellant called them and asked them as to why they had not kept the cycles at his stand, where-upon PW6, told the appellant that they did not want to have a quarrel with him. The appellant asked PW6 and his brother to get out of the compound. Sharad Kumar 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. At the very moment, that two co-accused (since acquitted) came there. The appellant caught hold of the hand of PW6, twisted it, gave a fist 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 Sharad Kumar and PW6 tried to take him inside the Ambar Talkies, but he could not lift him. He left him on the steps of the Amber 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. PW6 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 fight had taken place in the Amber Talkies and dead body of one Sharad Kumar had been brought to hospital. PS.I. Shimpi (PW21) having received the telephonic message aforesaid at about 6.50 P.M. rushed to the Irwin Hospital and recorded first the statement of PW6 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 postmortem examination. He also prepared an injury report in respect of the injuries on the person of PW6 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 I.O, 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 (wo others for offences punishable u/Ss. 302, 302 r.w. S. 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 u/S. 302 and sentenced him to rigorous imprisonment for life.