PATEL DILIPBHAI TALASHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was charged for the offence of murder of Sunita, daughter of Mehendrakumar Bhagwandas Patel of village Transvad, Taluka : Vadnagar, District : Mehsana, allegedly committed by him in Room No.11 of Patanwadia Mochisamaj Dharmshala at Ambaji, during the night falling between 16th and 17th May, 2008 by administering sulphas tablets. He has been convicted by the Sessions Court, Banaskantha at Palanpur for the said offence and sentenced to undergo imprisonment for life with a fine of Rs.5000/-, in default to undergo S.I for six months, by judgment and order dated 20.11.2009 rendered in Sessions case No.134/2008. He was also given the benefit of set off.

(2.) As per the prosecution case, the appellant and deceased Sunita were in love. Sunita's father Mahendrakumar works as a driver with the S.T.Corporation. He went on duty on 15.5.2008 in the morning and returned home on 16.5.2008 in the evening when he was told by his wife that Sunita was missing since the previous date and was not located despite efforts. Mehendrakumar, therefore, felt that it must be the appellant, who must have enticed away Sunita and he, therefore, kept the search continued and on 17.5.2008, he went to Vadnagar Police Station to inform the police about missing of Sunita and Dilip. 2.1 First informant Mahendrakumar learnt about a dead body of a lady having been found from Mochisamaj Dharmshala at Ambaji. He, therefore, called his younger brother Raju and then went to Ambaji Police Station along with Dharmeshbhai and Shankerbhai. Ambaji Police told them that the dead body was lying in the Cottage Hospital at Ambaji for post-mortem. They went there and found that the dead body was that of Sunita. Her face was swollen and skin had blackened. Thereafter they went to the Dharmshala along with police, where they were informed by the Manager of the Dharmshala and the police that deceased Sunita had occupied room No.11 on 15.5.2008 along with Mahesh Dilipbhai of Vadnagar on 17.5.2008. The door of the room was locked from outside and as foul smell was coming, police was informed and the door to the room was opened by breaking open the lock. The dead body of Sunita was lying and a bedsheet was spread over the dead body.

(3.) The first informant suspected the appellant and he learnt about Dilip Talashibhai Patel having consumed poisonous substance on 18.5.2008 and was being taken to Visnagar, Mehsana and then to Ahmedabad hospital. He was, therefore, informed from Vadnagar Police Station to find that offence at C.R.No.I.55/2008 was registered against the appellant for the offence punishable under Section 309 of the Indian Penal Code ["IPC" for short]. He, therefore, obtained a copy of FIR where the appellant had disclosed that the appellant had gone to Mochisamaj Dharmshala at Ambaji on 15.5.2008 on the basis of a phone call received from Sunita and was informed by Sunita that she had consumed sulphas tablets. The appellant himself also consumed four tablets of sulphas and became unconscious, but, when he regained consciousness next morning, he found Sunita in dead condition and, therefore, out of fear, he left the Dharmshala and went to Kukarvada via Vijapur, purchased some insecticides and consumed the same and then informed '108 Ambulance Service'. The appellant has further stated that he consumed poison because Sunita had consumed poison and died. On the basis of this information derived by Mahendrakumar Bhagwandas, FIR was registered with Ambaji Police Station on 7.7.2008. The offence was registered and investigation was made. Charge sheet was filed in the Court of J.M.F.C.Danta, who, in turn, committed the case to the Court of Sessions, Banaskantha at Palanpur, and Sessions Case No. 134/2008 came to be registered.