MANHARBHAI RUPSINGBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, now aged 31, was tried in Sessions Case No.127 of 2005 for the offence of committing murder of one Ravindrabhai and came to be convicted for the offences punishable under sections 302 and 323 of the Indian Penal Code, 1860 ('IPC' for sake of brevity) by judgment and order dated 18.04.2006 delivered by Additional Sessions Judge, Fast Track Court, Bharuch. For the offence punishable under section 302, IPC, the appellant was sentenced to life imprisonment and fine of Rs.5000/- and in default of payment of fine to undergo simple imprisonment for further three months. In respect of conviction for offence under section 323, IPC, he was sentenced to rigorous imprisonment for one year and a fine of Rs.1000/- and in default of payment of fine to undergo simple imprisonment for further one month. All the sentences were directed to run concurrently.

(2.) The incident took place on 22.08.2005 at around 10.00 10.30 a.m. in the morning at a place 50 feet away near Shiludi Chowkdi opposite the road leading to Godrej Company in the vicinity of village Valiya, Taluka Valiya, District Bharuch. The first informant Shakuben Ravindrabhai Vasava (PW-1), the wife of the deceased lodged the complaint (Exh.12). The prosecution case based on that complaint was that on the day of incident at 10.00 a.m. in the morning PW-1 and her husband Ravindrabhai were sitting at tea stall of one Dudhiabhai near their house. At that time the appellant accused came and told the deceased as to why he was behaving high-handedly in that area. Upon the deceased denying the allegation, the accused scuffled with him. After the scuffle, he went away towards roadside. Thereafter when the complainant (PW-1) and her husband were going towards Valiya Police Station to lodge a complaint, and had reached near Shiludi Chowkdi, the accused came with a long wooden stick of Nilgiri tree and gave 2-3 blows on the forehead of the deceased. Interception by the complainant resulted into injury on her right arm. Her husband fell down in bleeding condition. When she raised shouts, Hanumanbhai Kalubhai Vasava, Dineshbhai Lalubhai Vasava and Lalubhai Vasava arrived at the scene from nearby. The injured was taken to hospital in a rickshaw where he was given first aid and upon medical advice he was thereafter taken to Bharuch Civil Hospital in an unconscious state where the injured succumbed to his injuries at around 1.00 p.m.

(3.) Looking into the evidence on record of the trial court, Shakuben (PW-1), the complainant and wife of the deceased deposed that her husband and the accused had a heated altercation and thereupon had a scuffle between the two took place at 10.00 a.m. on the day of incident when they were at the tea stall of Dudhiabhai. The accused thereafter attacked her husband with a stick of Nilgiri tree hitting for 5-6 times on his forehead of her husband when they were on way to go to file a complaint against him. She also suffered injuries on her right arm in the process. After the assault her husband fell down in bleeding condition. Lataben Vasava (PW-4, Exh.28) who was daughter of PW-1 and Sanjaybhai (PW-5, Exh.29) husband of PW-4 were examined. PW-4 and PW-5 deposed inter alia that on the day of incident they were in their house and saw the accused having arrived at Dudhiabhai's tea stall where Shakuben (PW-1) and the deceased were also there. The accused picked up a quarrel and there was a scuffle. Thereafter when mother Shakuben and deceased father were going to the police, the accused was seen to have come back and assaulted the deceased with wooden stick. The victim fell down on the ground and ultimately died. PW-1, PW-4, PW-5 and PW-7 deposed consistent about the incident. Their evidence was unimpeached and established the occurrence of the incident. Babubhai Raviabhai Vasava (PW-8, Exh.32) too stated that accused Manharbhai and the deceased Ravindrabhai had a scuffle and soon thereafter took place the incident of attack by the accused.