ANARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arise out of the judgment and order dated 28.7.1993 passed by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No.124 of 1992, whereby the appellant-accused was ordered to be convicted for the offence of murder under Section 302 of IPC and was sentenced to undergo imprisonment for life with fine of Rs.500/-, in default, RI for one month.

(2.) The incident occurred at a small village Getmuvada of Taluka Halol, District Panchmahals. It is the case of the prosecution that on 27.2.1992 at about 18 hours while deceased Shanabhai Malubhai Rathava and Revjibhai Punabhai were passing through the house of the appellant-accused, the appellant-accused as well as original accused No.2 Ramanbhai Nevlabhai Rathava were standing near the house of the appellant accused, the appellant-accused assaulted deceased Shanabhai and inflicted blow on head of the deceased with a stick. It is the case of the prosecution that PW-2 Revjibhai Punabhai immediately informed PW-7 Baliben about the incident. It is further the case of the prosecution that all of them contacted PW-4 Nurubhai Ahmedbhai, who was police patel. It is further the case of the prosecution that as deceased Shanabhai was severely injured and was bleeding, they first took deceased Shanabhai in a rickshaw to police station and thereafter to Government Referral Hospital at Halol. It is the case of the prosecution that the Medical Officer-in-charge of the Referral Hospital at Halol, on examination of Shanabhai, who was unconscious, opined that he should be shifted to Vadodara SSG Hospital for further treatment. It is the case of the prosecution that thereafter PW-2 Revjibhai Punabhai, PW-7 Baliben Revjibhai, PW-4 Nurubhai Ahmedbhai as well as PW-10 Ratnabhai Shanabhai took Shanabhai in a taxi to Vadodara. Ultimately, Shanabhai succumbed to the injuries on 29.2.1992.

(3.) The first information was registered against the appellant and other two accused. The police investigated the offence and after recording the statement of various witnesses, filed charge-sheet against the present appellant-accused as well as Ramanbhai Nevlabhai for offence punishable under Section 302 read with Section 114 of IPC and Section 135 of the Bombay Police Act before the Court of learned JMFC, Halol. As the said offences were exclusively triable by Sessions Court, the learned Magistrate committed the case to the Sessions Court, Panchmahals at Godhra and the same came to be registered as Sessions Case No.124 of 1992.