MAGAN BIJAL KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction appeal arises from the impugned judgment and order dated 25-9-1987 rendered by the Learned Addl. Sessions Judge, Morbi in Sessions Case No. 14 of 1987. The appellant herein, described as 'the accused', came to be convicted and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code (for short 'I.P.C.') and directed to suffer life imprisonment and to pay fine of Rs. 100/-, in default to undergo further sentence of two months.

(2.) The facts of the prosecution case which have been read by the learned Advocate from the F.I.R. Exh. 52 : The accused's brother Vaghji Bijalbhai gave his complaint/F.I.R. at 18.15 hours on 10-2-1987, day of incident to the effect that he has been residing with the members of his family at village Anandpar, Taluka Tankara and has been serving as temporary watchman in the Forest Department. Satabhai is his eldest brother. Maganbhai is younger to him. Keshubhai is younger to Maganbhai and the complainant is younger to him. Manubhai is younger to complainant. The complainant, his brother Maganbhai (accused) and Manubhai have been residing in the houses built in the respective fields in village Anandpar. His parents have been residing with his brother Manubhai. Accused Maganbhai was residing separately from the complainant. The three houses respectively occupied by them are situated in the same field in one line.

(3.) His brother Maganbhai, the accused herein, has also been serving in the Forest Department as a watchman. His monthly salary has been around Rs. 700/- to Rs. 800/- and since he was not giving money at home (his wife Radhuben). there were frequent quarrels in the family. His father was also scolding him. Even during the course of the month when he received his salary, he did not pay any amount of the salary at home (to his wife). This resulted into quarrel between the husband and wife (accused and his wife Radhiben - since deceased). At about 1 O'clock in the afternoon the complainant returned home from his service and when he was about to take his lunch, he heard quarrel in the neighbouring house of the accused and soon the accused's son Ghogho rushed to him while seeking his help saying that his father was beating his mother with knife. The complainant, therefore, immediately rushed to the house of his brother Maganbhai, the accused herein, when he saw the accused coming out in the open space in front of his house with knife in his hand. His father Bijalbhai also rushed to the house of the accused and upon stopping the accused, the accused also gave knife blows on the waist of his father with the result that his father fell down. Upon trying to apprehend the accused, the accused had also shown knife to him and escaped. Upon going into the house he saw his brother's wife Radhuben (accused's wife) lying in bleeding condition and found her dead. Thereafter, coming out of the house he also found his father dead. He was left in a frightened condition. Thereafter, getting composed he walked down the distance upto Rav Sadan and then went by a truck to Tankara Police Station located in sub-district Morbi district Rajkot.