THAKORE VINAJI NATUJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Sessions Court, Patan, in Sessions Case No. 85 of 2005 dated 25.07.2006, whereby the appellant, Thakor Vinaji Natuji, original accused No. 1, is convicted of the charge of committing offences punishable under Sections 302, 392, 397, 201, 120-B of IPC and Section 135 of the Bombay Police Act. Two persons were tried. The second accused was Isaji @ Isuji Chundaji Thakor and he was original accused No. 2. The original accused No. 2 is acquitted whereas the present appellant, original accused No. 1 is convicted and for the said conviction, is sentenced as under.

(2.) 2.1 The case of the prosecution is to the effect that on 14.08.2005, Mafaji Govaji (PW:1, Exh. 11) gave complaint to the Harij Police Station, informing about the homicidal death of his brother Savsiji. His complaint was to the effect that they are three brothers, he (Mafaji Govaji) is the eldest, next to him is Sartanji and the youngest is Savsiji. All the three brothers are residing in Kathi village, in their own, different but adjoining houses, with their families, in the field. He stated that, on the previous night, on Saturday, there was 'Hanuman Chalisha' at one Kevalji Jesingji's place. His youngest brother Savsiji, at about 8 O'clock at night, after having his meal, had gone there i. e. to attend 'Hanuman Chalisa' prayer as he used to do on every Saturday, and he i. e. the complainant had gone to his field and on 14.08.2005, when he returned in the morning at about 6 O'clock, since his brother had not returned home, after going for 'Hanuman Chalisha' in the village, he had gone for a search of his brother and at the gate of the village Ghela Ramchand and Bhajaji Lalaji informed that one dead body is lying in the field of Vajuben and found that, body lying there was that of his youngest brother Savsiji and blood stains were also there. He also declared that the dead body had large size wound at its neck. It was also declared that some of the ornaments, which the victim was normally wearing, were also missing and this is how he informed about the offence against un-known persons. The FIR was lodged with Harij Police Station, as CR-I No: 63/2005, under Sections 302 and 34 of IPC and Section 135 of the Bombay Police Act.

(3.) We have heard Mr. Harnish Darji, learned advocate for the appellant and learned Additional Public Prosecutor for the State.