MALAJI MOHANJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 20th February 1985 rendered in Sessions Case No. 4 of 1985 by the learned Addl. Sessions Judge Ahmedabad Rural at Narol wherein the appellant-accused viz. Malaji Mohanji who came to be tried for the alleged offence under Section 302 of the Indian Penal Code was at the end of the trial ordered to be convicted for the same and sentenced to suffer R.I. for life.

(2.) The prosecution case as can be seen from the impugned judgment is to the effect that the incident in question happened on 12-10-1984. On the previous day i.e. on 11-10-1984 at about 7.00 to 8.00 p.m. the accused was standing near the Pan Galla of Babarji Pujaji situated near S.T. Bus Stand at village Raipur. At that time Ataji Keshaji (deceased) came in accused and inquired as to where Kalia Rabari has gone. In reply the accused informed Ataji that Kalia Rabari must be at his residence and advised him to go there and inquire. Thereafter Ataji Keshaji abused the accused and a quarrel started between them. Both of them started hand to hand fight and ultimately Ataji Keshaji threw the accused on the ground. It is alleged that Ataji had in fact given a bite on the cheek of the accused. On 12-10-1984 the accused in order to take revenge of the said incident of previous day went to the field of Ataji Keshaji at midnight with an iron club (Latha) and gave blows with it on the head of Ataji Keshaji. Ataji Keshaji shouted Mari gayo mari gayo. On hearing the said shouts Jehaji Gokhaji P.W.7 exh. 18 whose field was situated at a distance of about three fields away came there running and saw the accused giving blows on the person of deceased with the said instrument. Jehaji asked accused as to what he was doing. On seeing Jehaji the accused immediately ran away. Jehaji saw Ataji Keshaji lying dead on his cot with blood oozing out from his person. The said incident was narrated by Udaji Keshaji P.W.2 exh.2 the brother of the deceased in the complaint exh. 22 filed by him wherein it was stated that in the morning of 12-10-1984 at about 8 Oclock when he was to start for his work to Ahmedabad he was informed by his nephew Kanubhai Ataji P.W.6 exh. 16 the son of deceased Ataji that his father had died due to the injures sustained on his head and is lying on the cot. T he complainant and his nephew immediately went to the field of deceased Ataji and saw the dead body of Ataji lying on the cot. It is further alleged in the complaint that the complainant thereafter started to go to his house to inform his relatives and when he reached near Pan Beedi shop he was informed by his brother Badsangji Keshaji P.W. 5 exh. 15 about the incident dated 11 that took place between the deceased and the accused. The complainant thereafter inquired about the accused at this residence and his field but he came to know that the accused had run away after committing the murder of Ataji Keshaji. The said complaint was recorded by P.S.I. of Dabhoda Police Chowky on 12-10-1984 and registered the offence against the accused. The police thereafter started investigation and visited the scene of offence and prepared Inquest Panchnama exh. 7. The police also collected blood stained shirt bandi matresses of the deceased and also recorded the statement of eye-witness P.W.7 Jehaji Gokhaji P.W.6 Kannuji Ataji-the son of deceased P.W. 5 Badsangji Keshaji the brother of the deceased P.W.4 Mathurji Ranaji - the beedi shop owner Ataji Ramaji Manguji Chhaganji and the residents of village Raipur Chhhaganji Dahyaji Somaji Jenaji Mangaji Masaji P.W. 3 Babarbhai Pujaji etc. It appears that on 13 the accused voluntarily produced himself before the police. The police also recorded his statement and on making further investigation the accused produced the muddamal iron club which was recovered by police after making necessary Panchnama exh. 20. It was found that the said iron club was also stained with blood. The Investigating Officer also attached clothes put on by the accused under Panchnama exh. 26 The Investigating Officer sent all the articles to the Morensio Science Laboratory with forwarding letter exh. 27. Since the Investigating Agency found a prima facie case against the accused about the commission of the offence chargesheet was filed on 10-12-1984 before the J.M.F.C. Gandhinagar who ultimately committed the case to the Sessions Court Ahmedabad Rural at Narol.

(3.) The charge exh. 2 was read over to the accused who denied the same and insisted for trial. The defence of the accused was to the effect that he was falsely involved of the charge and that he is innocent.