DAULATSINH JIVABHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of filing this appeal, the appellants have challenged the judgment and order dated 20.4.1998 passed by the learned Additional Sessions Judge, Kheda at Nadiad in Sessions Case No.194 of 1994, whereby the appellant no.1 was convicted for the offences punishable under Sections 201 and 176 of Indian Penal Code and the accused no.1 was sentenced to suffer rigorous imprisonment for the period of three years with fine of Rs.5,000/- (Rupees five thousand only), in default, to undergo simple imprisonment for one year for the offence punishable under Section 201 of Indian Penal Code and was ordered to pay fine of Rs.500/-, in default, to undergo simple imprisonment for seven days for the offence punishable under Section 176 of Indian Penal Code. The appellant no.2 was convicted for the offences punishable under Sections 201 and 176 of Indian Penal Code and the accused no.2 was sentenced to suffer rigorous imprisonment for the period of three years with fine of Rs.500/- (Rupees five hundred only), in default, to undergo simple imprisonment for one year. However, no separate order of sentence was passed for the offence punishable under Section 176 of Indian Penal Code. However, the accused are acquitted for the charge punishable under Section 302 of Indian Penal Code.

(2.) THE facts leading to filing of this appeal are such that the deceased Chhatrasinh, the younger brother of the P.W.1 Exh.8 Natubhai was married to accused no.2 Surajben, daughter of the accused no.1 about six years before the date and time of the incident. THE accused no.1 Daulatsinh was staying at village Sisva and he was looking after the agriculture land. It is also the case of the prosecution that the mother of P.W.2-Mohanbhai Exh.12 fell sick and Chhatrasing was required to call upon by P.W.2-Mohanbhai, and accordingly, Mohanbhai went to Sisva village to call upon the deceased Chhatrasing. While going towards village Sisva, the accused no.1 met P.W.2 Mohanbhai who happened to be the maternal uncle of the deceased Chhatrasing who was informed that Chhatrasing is at his home. Mohanbhai went to the house of Chhatrasinh at the outskirt of village Sisva, where he was informed by accused no.2 that Chhatrasinh had gone to see his sisters for the last 4 to 6 days and was not available at the residence. While returning from the house of Chhatrasing, accused no.1 Daulatsinh again met the P.W.2-Mohanbhai who again inquired and expressed his anxiety about the existence of Chhatrasinh. THE accused no.1 broke down and narrated that Chhatrasinh has died and his dead body has been destroyed. THE accused no.1 further requested Mohanbhai to make reasonable arrangement for his rescue from the offence. THEreafter, P.W.2-Mohanbhai went to the house of P.W.1 Natubhai Babubhai Exh.10 and narrated the entire incident and returned to his house. P.W.1 Natubhai arranged for vehicle and came back to the house of the P.W.2-Mohanbhai and they came to know that the accused no.1 has already surrendered before the police and police had gone to the place of incident and accordingly, both P.W.1 Natubhai and P.W.2 Mohanbhai went to the place of the incident where the police as well as the accused no.1 Daulatsinh were found present. After investigation, the charge sheet was filed by the Investigating Officer for the offences punishable under Sections 302, 201, 176 read with Section 34 of Indian Penal Code before the learned JMFC, Borsad.

(3.) THE learned Sessions Court acquitted the accused of the charge punishable under Section 302 of Indian Penal Code, however, convicted them under Sections 201 and 176 of Indian Penal Code. Section 201 of Indian Penal Code reads as under: