VINUBHAI RADIYA ALIAS RAVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried and convicted by Sessions Court at Chhota Udepur in Sessions Case No. 79 of 2002 for the offence of murder of his brother Chhaganbhai and causing hurt to one Jiniabhai. He was also tried for offence punishable under Section 135 of the Bombay Police Act. However, the trial Court found that the offences of murder and causing hurt punishable under Sections 302 and 323 of IPC were proved against him and the offence punishable under Section 135 of the Bombay Police Act was not proved by the prosecution. The trial Court, therefore, convicted the appellant of the offences punishable under Section 302 and 323 of IPC and sentenced him to undergo imprisonment for life with a fine of Rs. 1,000/ -, in default, RI for two months, and for the offence of causing hurt with RI for 6 months respectively. The trial Court acquitted the appellant for the offence punishable under Section 135 of the Bombay Police Act. Hence, this appeal.

(2.) AS per the prosecution case, the incident occurred around 4 -00 PM on 1.6.2002 in the osri of house of the victim Chhaganbhai located at village Guda Tal. Chhota Udepur. The appellant was allegedly quarrelling with his sister and at that time Jiniabhai as well as victim Chhaganbhai intervened and, therefore, the appellant assaulted them with wooden pestle. Jiniabhai suffered multiple injuries whereas Chhaganbhai was dealt with a blow on his head and another on his mandible. The head injury ultimately resulted into death of Chhaganbhai and, therefore, an FIR was lodged by PW -4 Chimanbhai. On the basis of that FIR the police investigated the case and filed chargesheet in the Court of JMFC, Chhota Udepur, who in turn committed the case to the Court of Sessions and Sessions Case No. 79 of 2002 came to be registered.

(3.) THE appellant's prayer for suspension of sentence and grant of bail was rejected. The appellant absconded from 12.1.2008 till 8.10.2009 for a period of 636 days and at present he is in jail since 8.10.2009. Learned advocate Ms. Banker appearing for the appellant submitted that the incident was witnessed by PW 4, 5 and 6 namely Chimanbhai, Velkiben and Jiniabhai. They have deposed at Exhs. 22, 23 and 24 respectively and clearly implicated the appellant. She is, therefore, not in a position to assail the judgment so far as the involvement of the appellant is concerned.