AJAYSING JAGRAMSING YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused has filed this appeal, under Sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 27-3-1998 passed by the learned Additional City Sessions Judge, Court No. 10, Ahmedabad, in Sessions Case No. 39 of 1992, whereby the learned Additional Sessions Judge has held the appellant-original accused No. 1 guilty for the offence under Sec. 331 of I. P. Code and sentenced him to undergo rigorous imprisonment of 7 (seven) years and to pay a fine of Rs. 10,000/- in default to further undergo R.I. of one year. The learned Judge has ordered that fine, if recovered shall, in full, be paid towards the compensation to witness - Motiben Bababhai, mother of the deceased, after the period of appeal and if appeal is preferred, after disposal of the said appeal. The learned Judge has acquitted remaining original accused Nos. 2, 3, 4 and 5 from the charges levelled against them. The learned Judge has also acquitted all the accused, including the appellant, for the offence under Sec. 302 wad with Sec. 34 of L P. Code and for the offence under Sec. 201 read with Sec. 34 of I. P. Code.

(2.) The brief facts of the case of prosecution are that one Prahladbhai Bababhai was informed to have been involved in the theft of cement from the railway wagon whereby committed the offence under Sec. 317 of the R.P. (U.P.) Act, 1957. It is alleged that for the purpose of rounding up, all the accused have left the R.P.F. post and went to Girdharnagar area in Makubhai's Chawl, Ahmedabad. The accused was taking rest in his house. It is alleged that all the accused went to his house and dragged him out from his house, in presence of witness and taken him to the Railway track and started beating him severely, and thereafter, taken the deceased in a rickshaw to R.P.F. post, stationed at Ahmedabad Railway Station. It is the case of the prosecution that all the accused were having common intention to cause murder of deceased Prahladbhai and they had beaten him with iron pipe, hunter and stick arjd by giving fist and kick 6/ows. ft is alleged that all the accused beaten the deceased in furtherance of their common intention to extract confession to get information in detection of an offence which had been registered for the theft of cement, under Sec. 317 of the R.P. (U.P.) Act, 1957. It is alleged that because of the injuries the deceased had expired on the next day. Thereafter, on 6-4-1990, offence has been registered. It is the case of the prosecution that an attempt was made to destroy the evidence and the pant of the deceased, put on by him, had been changed at the time when panchnama was registered at R.P.F. post and such the complaint was lodged by Motiben Bababhai, mother of deceased. The offence came to be registered.

(3.) Investigation was carried out by the police. The statements of the complainant and other witnesses were recorded. Thereafter, after completion of investigation, the charge-sheet against the accused persons came to be submitted before the learned Magistrate's Court. As the offences were triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. The learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.