MOHANBHAI JIVANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant being aggrieved by an order made against him by the Sessions Judge, Valsad at Navsari on 15.4.96, convicting him for the offence punishable under Section 304 Part I of Indian Penal Code and sentencing him to undergo 10 years' rigorous imprisonment and fine of Rs. 2000.00 and in default of payment of fine, to undergo simple imprisonment for a period of six months, has preferred the present appeal.

(2.) It seems that the appellant preferred an appeal through jail also and the said appeal has been numbered as Criminal Appeal No. 355/96. Brief facts leading to the present prosecution in nutshell are as under.

(3.) Kantilal - P.W. 1 - father of deceased who was working in Loco Shed at Udhna was returning after job hours on 13.4.94 and was near Police Station at about 8.30 p.m. He was proceeding towards his home on foot. While he was at Suki Talavadi, one person known as Paresh met him and conveyed the information that Suresh ( son of the informant) has sustained injuries by a knife. On questioning, Paresh stated that he does not know as to who caused injuries. P.W. 1 - Kantilal reached home and on the backside, he found his son Suresh on the Ota of the house of Mahesh Ishwar. On questioning Suresh, he conveyed that Mohanbhai, the shopkeeper has delivered him knife blows. He further stated that he had been to shop of Mohanbhai for purchasing `Zatpat' (Pan Masala). He had altercation with wife of Mohanbhai. Suresh further stated that in view of the altercation, Mohanbhai came out from his house with a knife and delivered blows. He further stated that he found injuries on the person of Suresh at three places, namely; stomach, backside and the shoulder. He was profusely bleeding. He further stated that in view of the hubbub, boys from the street came there. As they collected there, he called for a rickshaw. He further stated that Suresh was taken in a rickshaw to the Municipal Hospital, Valsad. Ashok accompanied him. He sat there for some time. Jamadar who was present there requested him to accompany him to the police station for lodging information. The FIR is produced at exh. 21. He has further stated in the evidence that he was at the police station. Ashok arrived at the police station to convey that Sursh has expired. In the cross-examination, he has stated that he must have reached home at about 8.45 p.m. to 9.00 p.m. Suresh was conscious and he had talked for about 5 minutes. He further stated that many persons collected there and amongst them Niruben and Anjanaben were also there. Names of others could not be stated as he could not remember. He further stated that it was darkness and therefore, he could not recollect as to who were the persons present there. He stated that he did not convey anything to anybody about the incident including to the Police Jamadar. He stated that he was in the hospital for a period of about one and half an hour. He stated that in his presence, there was no talk with the Doctor. He stated that when the information was recorded, it was about 12.30 hrs. He went to the police station on foot and took about one and half an hour to reach the police station. He stated that the police station is at a distance of one kilometer from Valsad Hospital.