SUKHDEVSINH BALUBHA ZALA Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The two appellants accused have been convicted for the offence punishable under section 302 r.w. Section 34 of Indian Penal Code and sentence to imprisonment for life. The prosecution case is that on 13th March, 1984 at about 9.00 p.m. both the accused had given knife blows to the deceased Navghan Revabhai with a common intention to cause death and in pursuance of that common intention, knives blows were given and incident took place at Rambharose Hotel in Joravarnagar.

(2.) The prosecution has mainly relied on (1) Dying Declaration of the deceased recorded by the Executive Magistrate. It is at Ex. 27; (2) the evidence of complainant the brother of deceased Navghan, PW No. 2 Chhela Reva received at Ex. 12. His complaint (FIR) is at Mark 12-A and is not admitted in evidence as FIR; (3) the evidence of the Investigating Officer in proving Panchnama regarding attachment of the blood stained clothes of both the accused and also Panchnama regarding recovery and discovery of blood stained knives; (4) Soda Vagha (Ex. 28); (5) Gaguben Revabhai (mother of the deceased) Ex. 29.

(3.) The incident had occurred at a public place near Rambharose Hotel (Restaurant) in Joravarnagar. However the Panch witnesses have not supported the prosecution and were declared hostile. Therefore their evidence is not of any assistance to the prosecution and that has been discarded.