BHURSING KALJIBHAI DHANUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is at the instance of a convict accused for the offences punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 4th April 2006, passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.2, Chhotaudepur, District Vadodara in Sessions Case No.39 of 2004. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer Life Imprisonment and a fine of Rs.100/-. In default of payment of fine, the appellant was directed to undergo further Rigorous Imprisonment for one month. It deserves to be stated that a charge-sheet was filed against four accused persons which included the accused appellant herein, for the offences punishable under Sections 147, 148, 149, 302 and 504 of the Indian Penal Code. THE trial Court acquitted the other three co-accused of all the charges, whereas the accused - appellant herein was acquitted of the offences punishable under Sections 147, 148, 149 and 504 IPC. Thus, the trial Court held the accused appellant guilty of the offence punishable under Section 302 of the IPC simplicitor. I. Case of the Prosecution :

(2.) IT appears that the incident in question occurred in an agricultural field of one Chamarbhai Gungariabhai, a resident of village Hansda, Khacheli Falia, Taluka Chhotaudepur. On 10 th March 2004, Chamarbhai, in company of one Mangabhai Naykabhai, had gone to a fair at village Timla and were returning home at around 6 O'clock in the evening. While on their way home, Chamarbhai thought to visit his agricultural field where he had sowed corn. Chamarbhai noticed that there was a pair of slippers lying in the field and few drops of blood were also noticed. Chamarbhai and his friend Mangabhai thought fit to take a close look and, therefore, went deep inside the field and found a dead body of an unknown person lying in the field. Chamarbhai noticed that there were injuries on the neck caused by any sharp cutting weapon or an instrument. Chamarbhai also noticed that there was a bangle worn by the person who was murdered. Thereafter, Chamarbhai and his friend Mangabhai went home and talked about the dead body lying in the field, to his sons. Chamarbhai, thereafter, thought fit to go to the police station in company of Mangabhai and, accordingly lodged a First Information Report Exh.19.

(3.) MR.Raval also submitted that the ocular version of the PW2, Suresh, is fully corroborated by medical evidence on record. MR.Raval submitted that the PW5, Dr.Purshottamdas Vankar, Exh.41, in his deposition, has stated that the injuries sustained by the deceased were possible by the weapon of offence i.e. 'paliya'. MR.Raval also submitted that the trial Court committed no error in relying on the evidence of discovery of the weapon 'paliya' at the instance of the accused as well as the discovery of the clothes of the accused stained with blood, and that too, matching with the blood group of the deceased. MR.Raval, therefore, urged that there being no merit in this Appeal, the same deserves to be dismissed. Having heard the learned counsel for the respective parties and having reappraised the entire evidence, oral as well as documentary on record, the only question that falls for our consideration in the present Appeal is, as to whether the accused could be convicted for the offence of murder punishable under Section 302 of IPC and sentenced to life imprisonment on the strength of oral evidence of solitary eye- witness, PW2, Sureshbhai Exh.32.