THAKORE CHAMANJI MAVAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants herein have preferred this appeal to challenge the judgment and order passed by learned Additional Sessions Judge, Banaskantha, at Palanpur, in Sessions Case No. 30 of 1992 on November 7, 1992, convicting all of them for offences punishable under Secs. 302, 324 and 325 read with Sec. 114 of Indian Penal Code (I.P.C.), and Sees. 506(2) and 447 of I.P.C.

(2.) . An incident occurred on August 29, 1991 in the outskirts of village Surana, taluka Deodar, district Banaskantha, at about 8-30 a.m. in the field of Dayaram Ramchandra, resident of village Surana. The field is known as Thumbadiwala. As per the First Information Report lodged -by Dayaram Ramchandra, on the date of the incident, i.e., on 19-8-1991, at about 8-30 a.m., when he went to the field, he saw that Thakore Chamanji Mavaji, Balvantji Chamanji, Jayantiji Chamanji and Champaben, wife of Chamanji Mavaji were in the field and were erecting a canal (Dhalio) for taking the water to their adjoining field. Their goats were also with them. The complainant-Dayaram, therefore, inquired of Chamanji Mavaji as to why they are erecting the canal without his (complainant's) permission and are causing damage in his field. Chamanji replied that he wants to water his field with the help of this water. Dayaram asked him as to why he had not told him about this earlier. Chamanji, therefore, got angry and started abusing the complainant. He took out a knife from his waistband and assaulted upon the complainant on the right hand with the knife. At that time, Balvantji Chamanji, Jayantiji Chamanji and wife of Chamanji Mavaji clasped the complainant. Balvantji had a pair of iron scissors and a stick in his hands with which he gave blows on head of the complainant and other parts of the body. Jayantiji Chamanji gave stick blows on the left biceps of the complainant and when the complainant started defending, blows were given on the left arm, wrist and palm. Blows were also given on the left thigh with the stick. The complainant, therefore, shouted for help, hearing which Maganbhai Keshabhai and Narayanbhai Rameshwarbhai came, whereafter, the assailants ran away. Maganbhai Keshabhai went to the town and brought his tractor and took him to Deodar, whereafter, he was taken to the hospital at Thara in S.T. Bus, where doctor was not available. Thereafter, the complainant went to the Police Station at Thara and lodged the F.I.R.

(3.) . On the basis of the F.I.R., offence was registered and investigation started. The complainant Dayaram took treatment at Deodar, then at Patan, at Mehsana and at Ahmedabad, initially. On the 8th September, 1991, he was taken to Palanpur hospital in an unconscious condition, and ultimately, he died. The investigating agency, after getting the post mortem performed and obtaining a certificate from the doctor, and collecting other medical evidence, found evidence against the accused persons, and therefore, filed a charge-sheet in the Court of learned Judicial Magistrate, First Class, Sihori. Criminal Case No. 988 of 1991 was registered in the Court of learned Judicial Magistrate, First Class, Sihori. Since the charges levelled against the accused persons were triable exclusively by a Court of Sessions, the learned Judicial Magistrate, First Class, Sihori, committed the case to the Court of Sessions, Banaskantha, at Palanpur, who registered Sessions Case No. 30 of 1992. On the basis of the investigation papers, charge was framed against the accused persons at Exh. 3 for offences punishable under Sec. 302 read with Sec. 114, Sec. 324 read with Sec. 114, Sec. 325 read with Sec. 114, Sec. 504 read with Sec. 114, Sec. 506(2) and Sec. 447 of Indian Penal Code, besides Sec. 135 of Bombay Police Act. The accused persons pleaded not guilty to the charge. The trial, therefore, was proceeded against them. After the evidence led by the prosecution was recorded, statements of all the accused persons were recorded as required under Sec. 313 of the Code of Criminal Procedure. After considering contentions raised by the prosecution and the defence, the learned Additional Sessions Judge, came to a conclusion that the prosecution was successful in establishing the charges against all of the four accused persons except charges for offences punishable under Sec. 504 of Indian Penal Code and Sec. 135 of the Bombay Police Act. After hearing the accused persons on question of quantum of punishment, the learned Additional Sessions Judge inflicted a punishment of life imprisonment and a fine of Rs. 1000.00 to each of the accused for offence punishable under Sec. 302 read with Sec. 114 of I.P.C. They were further directed to undergo rigorous imprisonment for a period of one year in case of default in payment of fine. So far as offence punishable under Sec. 324 read with Sec. 114 of I.P.C. is concerned, the accused persons were ordered to undergo rigorous imprisonment for six months with a fine of Rs. 100.00. They were ordered to undergo a further rigorous imprisonment for a period of seven days in case of default in payment of fine.