STATE OF GUJARAT Vs. ASHOK KUMAR GOVINDLAL

JUDGEMENT

(1.) THIS Appeal, under section 378 of the Criminal Procedure Code, 1973 has been filed by the State of Gujarat against the judgment and order of acquittal dated 30.4.1987 passed by the learned Addl. City Sessions Judge, Ahmedabad in Sessions Case No. 106 of 1986 for offences punishable under sections 302, 307, 324, 323, 504 read with section 54 of Indian Penal Code and under section 135 of the Bombay Police Act.

(2.) THE facts of the case in brief are that the complainant Kesharba was residing with her husband Manuji Bhathiji who was serving with the Police Depaprtment and three sons namely, Kirit, Bharat and Narendra in room No.339 of Block No.29 situated in Madhupura Police Line. Accused were residing in Room 342 of Block No.30 situated opposite to Room No.339 referred above at the same Police Line. It is the case of the prosecution that before a period of about two months of the occurrence of the incident in question, arrangement to exhibit film on video in the Police Line was made as there was "Jagarana" by deceased Bharat and his brother Kirit i.e. sons of the complainant. When the function of exhibitng film on the video was going on, accused No.1 started throwing stones on women and girls who had come to watch the film. On seeing this, Manuiji Bharathji, father of the deceased scolded him. After heated arguments, accused No.1 said that he would take revenge and commit murder of Bharat. Since both the families had strained relations. On 24.1.1986 between 8.30 to 9.00 a.m. the complainant Kesharba, her husband and sons were inside the house When Bharat came out of the house, accused No.1 enquired as to why Bharat was spitting after seeing him and started giving abuses. On hearing this, the complainant came out of the house. Accused No.2 and 3 also came out of their house. All the three accused started absuing deceased Bharat and his mother. Kesharba persuaded her sons not to pick up quarrel with the accused. At that time one person named Vijay intervened and took all the accused persons to their house. Suddenly accused No.1 came out of his house through the rear door with a knife and gave a blow to deceased Bharat on the right side of the chest. While trying for a second blow, Bharat raised his hand and so he sustained injury on the wrist and fell down on the ground. When the family members of the deceased tried to intervene in order to save Bharat, accused No.3 caught hold of the private part of Manuji Bhathuji and accused No. 2 gave a blow with stick to Kesharba on head. Accused No.1 gave knife blow to Manuji Bhathuji on chest, abdomen and on wrist. He also gave knife blow again to Kesharba on abdomen and when one Ghanshyam Varvaji tried to intervene, accused No.1 gave a blow with knife to him. Brother of deceased, Kirit came and gave a blow with stick to accused No.1 in order to deprive him of the knife he had in his hand. That blow was on the head of accused No.1. Thereafter accused No. 1 injured himself by knife blow on his shoulder, leg and other parts of the body and threw away the knife and went inside the house. Thereafter all the injured including deceased Bharat were brought to Civil Hospital for treatment. The in -charge of Shahibag Police Station Head Constable Chhotalal was informed by police constable Kishorsinh that there was a quarrel in Madhupura Police LIne. The police team proceeded to the place of incident and after making note in the Vardhi Book, message was conveyed to police control room. While treatment, Bharat has succumbed to his injuries. Complaint was lodged by Kesharba, mother of the deceased and the PSI had sent his report to Madhupura police station for registration of the offence. He wrote yadi to Executive Magistrate, for recording dying declaration of Manuji Bhathuji After some time, Medical Officer of Civil Hospital informed PSI, Vaghela that Bharat Manuji had expired. Thereafter, inquest panchnama was made. After carrying out necessary investigation was carried out and statements of several witnesses were recorded. Muddamal articles were also recovered. During the course of investigation, the respondents were arrested, ultimately charge sheet came to be filed and thereafter as the case was exclusively triable by the Sessions Court, the same was committed by the learned Metropolitan Magistrate, Ahmedabad to the Sessions Court under section 209 of the Criminal Procedure Code.

(3.) AFTER investigation, charge was framed at Exh.1 against all the accused. The accused denied the charges levelled against them and claimed to be tried. To prove the case, after framing of charge, the following prosecution witnesses were examined: