RANA KHETA DAGARIA HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This conviction appeal arises from the impugned judgment and order dated 21/2/1990 rendered by the Ld. Addl. Sessions Judge, Kutch at Bhuj in Sessions Case No. 78/1988. The appellant, the accused in the Sessions Case, came to be convicted for the offence punishable u/S. 302 of the Indian Penal Code (for short 'IPC') and sentenced to life imprisonment for he having committed murder of his wife Fulabai Rana at about 12.00 noon on 27/8/1988 by inflicting axe blows on the back side of her neck in the field known to the parties as Ganeshiya field in the outskirt of Sumrasar village of district Kutch.

(2.) The complainant Karsan Vasta who happens to be the brother of deceased Fulabai lodged his FIR to the effect that at the aforesaid time and place on 27/8/1988 said Fulabai had gone to the field in the company of her son Mavji and as she did not return home, the complainant and his brothers Lakhman and Rupabhai and other persons went to inquire about the matter. During the course of such inquiry they could trace out Fulabai in injured condition in the midst of standing millet crop in the field. There were injuries on the neck of Fulabai and she was lying in dead condition in the field. Keeping the dead body at the place they went to inquire about Mavji, but he also could not be traced out. That is how they had to approach the concerned police authority for the purpose of lodging the FIR after making search of Mavji and Mavji having not been found. The FIR was accordingly lodged at 1.00 a.m. (during the mid-night between 27/8/1988 and 28/8/1988). The complainant also disclosed before the concerned police authority that they were three brothers and a sister respectively Laxman, himself and Rupabhai and deceased Fulaben, who was got married with the accused at vilage Bhimasar, Taluka Anjar around 30 to 35 years before the date of incident. Initially they were residing at Bhimasar. However, for the last about 4 years (from before the date of incident) his sister Fulaben, the accused and their three children, namely Gopal, Dhano and Mavji went to reside in the vicinity of the complainant at village Sumrasan. The accused was not attending to any work properly and was beating complainant's sister Fulaben and continued to illtreat her in that manner even after they went to reside in the vicinity of the complainant who was making efforts to persuade the accused not to illtreat his sister. Around 4 days before the date of incident the accused was sleeping outside the house, his sons were also sleeping outside his house. It was around 1 to 1.30 at night when upon the bullock having bellowed (caused the noise) the complainant and others woke up and they saw the accused having climbed up the roof of the house. Upon being asked, the accused could not explain the matter satisfactorily leaving the complainant and others to suspect something wrong. He, however, saw to the accused being mentally settled on that occasion. In the background of these facts the complainant expressed his suspicion in the FIR about the accused having done away with Fulaben, while asserting that he accordingly believed accused to have caused the death of his sister Fulaben.

(3.) P.S.I. Mr. Gaurishankar Joshi, Bhuj Taluka Police Station moved the investigation into motion. He had gone to the place of incident and since there was no facility of light he arranged police protection nearby the place where the dead body was lying. He continued to remain present there and sent other police persons to trace out Fulaben's son Mavji and the accused. Upon dawn setting, he made inquest upon the dead body of Fulaben and made arrangement for post mortem of the dead body. He saw to the Panchnama of the scene of offence being drawn, blood stained earthern portion being taken by way of samples from the place of incident, recorded the statements of witnesses who were present, seized victim's clothes which were blood stained after the post mortem was completed, saw to the Panchnama being drawn in that respect, recorded the statements of Dhanaji Rana and Dhana Vasta and proceeded furher in the investigation at vilage Bimasar, village Chakasar, village Lakhapar and other surrounding villages taking some persons from village Sumrasan with him. Upon the information received during the course of such investigation, the accused could be traced out at the house of Devraj Sura Harijan in village Bandhani on 29/8/1988 when he was called. He got up from the bed and tried to escape, but was apprehended. Immediately discovery of the Muddamal weapons could be had in the manner that the handle of the axe and the blade of the axe were discovered. The accused was accordingly arrested. Necessary Panchnama was drawn at the house of Devraj Sura Harijan and the statement of Deva Sura was recorded. When the Investigating Officer returned to village Sumrasan, he came to be informed that Mavji Rana was found and head constable Baldevsinh brought the boy before him. His statement was recorded. The Panchnama of the clothes which were put on by the accused at the time of commission of offence was also drawn. After the investigation was concluded, the accused was charge-sheeted and ultimately committed for his trial before the Ld. Addl. Sessions Judge, who after recording the evidence and hearing the parties as also considering the defence, came to the conclusion that the prosecution established beyond reasonable doubt guilt of the accused as aforesaid and rendered conviction and sentence. That is how the accused is before this Court.