MAZARKHAN ZUBERKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by learned Addl.Sessions Judge, Fast Track Court No.14, Vadodara in Sessions Case No.212 of 2005 whereby the appellant herein, who was original accused in said sessions case came to be convicted for the offences punishable u/ss.307 and 316 of the IPC and was sentenced to undergo R.I for 10 years and to pay fine of Rs.15000/-, and in default of payment of fine, R.I for six months for the offence punishable u/s.307 of the IPC and R.I for 10 years and to pay fine of Rs.15000/-, and in default of payment of fine, R.I for six months for the offence punishable u/s.316 of the IPC.

(2.) THE prosecution case as unfolded during the course of trial is that the incident occurred on 20.2.2005 at about 2.30 p.m. Near Umraya Canal Chowkdi, Taluka Padra, Dist.Vadodara. Near the said intersection of Umraya Canal, injured victim PW-2 Zarinaben Dilipbhai along with her husband Dilipbhai was running a canteen to serve tea and light refreshment. It is alleged that at the time of incident, while PW-2 Zarinaben was preparing light refreshment, at that time the accused who was a truck driver, came to her canteen and asked for cup of tea. Since tea was not ready and was required to be prepared, PW-2 Zarinaben requested the accused to wait for some time, to which the accused got excited and inflicted two blows with knife on her stomach. It is the prosecution case that at the time of the incident, PW-2 Zarinaben was pregnant of 8 to 8-1/2 months and because of suffering knife injuries on her abdomen, the foetus in her uterus was ruptured and died. First informant, Dilipbhai Muljibhai (PW-1) informed the police regarding the incident and his FIR was registered in Padra police station. During the course of police investigation, statements of material witnesses were recorded. Victim Zarinaben, who was under treatment in a hospital, necessary medical certificate was obtained from said hospital, muddamal weapon knife came to be recovered. Since at the time of arrest of the accused, injury was found on his body, his injury certificate was obtained. After the investigation was concluded, chargesheet came to be filed in the Court of learned Judicial Magistrate First Class, Padra. Since the offence alleged is exclusively triable by the Court of Sessions, learned JMFC, Padra committed the case to the Court of Sessions at Vadodara, which was registered as Sessions Case No.212 of 2005.

(3.) MR.Kartik Pandya, learned APP, for the respondent State vehemently opposed this appeal. MR.Pandya submitted that there are no mitigating circumstances available to the appellant accused to seek reduction of sentence, as the evidence on record, and more particularly, the medical evidence reveals that not only the victim PW-2 Zarinaben sustained serious injuries on her vital part like abdomen, but at the time of incident, she was pregnant by 30 weeks and on account of severe injuries on her abdomen by knife, the foetus, female baby, which was in her uterus sustained intrauterine death. MR.Pandya, therefore, submitted that considering the seriousness of crime, there is no reason to reduce the sentence, which came to be imposed to the appellant accused by the trial Court and the appeal may be dismissed.