MAHEBUBSHA GULABSHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-accused is convicted for offence punishable under Section 302 of L.P. Code, as per judgment and order dated 1st February, 1983 passed by the learned Additional Sessions Judge, Nadiad, and he is ordered to undergo R.I. for life.

(2.) As disclosed from the record, it is the prosecution case that the accused and deceased Abdul were serving together in Amin Transport Company, Baroda. By a truck bearing No. GTK 4131 they had gone to Dcesa and from Dcesa it was being taken to Baroda. While returning to Baroda, near Bhumel cross-roads on High Way No. 8, the truck had reached at about 10.00 p.m. As per prosecution case there was a puncture in tyre tube of the wheel-tyre of the truck and the driver and the conductor both had gone to witness Damodar (Exh. 18) for vulcanising the puncture. Said Damodar was paid Rs. 7/- as vulcanising charges. Another witness Yusuf (Exh. 13), who is having pan-becdi shop, has stated that the driver and conductor had come to his shop and they had purchased pan-beedi. He has further stated that he did not know the names of the driver and the conductor. But he stated that on the next day he had come to know that a dead body was lying near the telephone room by the side of the Highway. Cashier of petrol pump, Bhupalbhai (Exh. 19) has been examined to prove that one driver and conductor had come to encash Rs. 50/- currency note but he did not know these persons.

(3.) On the next day, i.e. on 18-5-1982, the owner of Gita restaurant, Amarjitsingh, found that the truck was lying unattended and a dead body was lying there nearby the restaurant. Therefore, he informed the owner of the truck. F.I.R. (Exh. 25) was lodged by Amarjitsingh. In the F.I.R. It is stated that a dead body was lying behind his restaurant near the telephone room. No name of the accused is disclosed in the F.I.R. On May 20, 1982 one Ramgopal Sharma and Habib had spotted the Accused at Akola (Maharashtra). When the accused was in rikshaw, Habib called the accused and the accused was persued in rikshaw. Ultimately the accused was taken to Akola Police Station. Since F.I.R. was registered at Chaklashi Police Station in Gujarat, the accused was ultimately taken into custody by Gujarat Police.