RAJUBHAI RASIKBHAI DATANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is at the instance of a convict accused for the offences punishable under Sections 302 and 326 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 18th July 2007, passed by the learned 2nd Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No.28 of 2007. By the aforesaid order, the learned 2nd Court of 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. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 326 of the Indian Penal Code and consequently, sentenced him to suffer Rigorous Imprisonment for a period of three months. The learned Additional Sessions Judge also passed an order of payment of compensation to the tune of Rs.5,000/- to the injured wife of the accused and in default of payment of such compensation, the appellant was directed to undergo further R.I. for 15 days.

(2.) On 24th September 2006 at 10.15 hours the father of the deceased, named Rasikbhai Kanubhai (Vaghri) lodged a First Information Report at Talod Police Station stating that he was residing at the address shown in the FIR and earned his livelihood by doing manual labour work. He had two sons and three daughters. The three daughters were residing at their respective matrimonial home. The name of the elder son was Raju (the accused) and the younger one was Ramesh (the deceased). Ramesh - the deceased was a bachelor. Both his sons were residing separately in two houses which were adjoining to each other. In the FIR it was alleged by the first informant that his younger son Ramesh the deceased had illicit relations with the wife of his elder son Raju and therefore, on this count quarrel used to ensue between the two brothers very frequently. On 23rd September 2006 at around 7.30 hours in the evening, the first informant, after buying a bidi, returned home at around 9:15 pm and at that point of time the wife of the accused, named Kalpana, was sitting on a cot near his house. Ramesh, the deceased, was also sleeping on a cot near his house. After some time the first informant also went to sleep. At around 2 O'clock in the night, the first informant heard altercation between his two sons i.e. the accused and the deceased. At that point of time, Kalpana, the wife of the accused, came and informed the first informant that her husband, the accused, had inflicted injuries on her hand with a sickle and had also inflicted injuries on Rameshbhai, the deceased. On learning this, the first informant, immediately came near the house of Ramesh, the deceased, and saw that his son Ramesh, the deceased, had sustained serious injuries on his head and face and was lying dead in a pool of blood. In the first information report, it was also stated that Raju, the accused, had a sickle in his hand and was standing near his house. It is also the case of the first informant that at that point of time his son Raju, the accused, told him that if he would come towards the direction of his house, he would also be killed. At that point of time two persons named Pujaji Fulaji and Jawanji Fulaji, residing in the same locality came at the spot of occurrence with a hand-battery and in the light of the said battery saw Ramesh, the deceased, lying dead on a cot. The two persons threatened Rajesh, the accused, that if he would come towards their houses, then they would beat Raju, the accused. Since it was night hours, the first informant did not go anywhere and Kalpana, the wife of the accused also kept sitting near her house. In the early morning, the first informant went in the village at the house of one Bhalusing and informed his daughter at Himmatnagar on telephone about the incident. The first informant met few women of the village carrying milk and those women informed the first informant that the wife of Raju, the accused, had fallen in a well. The first informant went near the well and tried to see inside the well, but he was unable to see anything as there were lots of wild plants grown inside the well. However, he could hear the shouts of help. In the meantime, many people of the village gathered. In the mean time, the accused also came at that particular place where he was reprimanded by the villagers for his misdeeds. In the meantime, the police arrived and helped Kalpanaben in getting out of the well.

(3.) It is the case of the prosecution that as Ramesh, the deceased, had illicit relations with the wife of his elder brother, the accused, the latter with the motive to seek revenge inflicted injuries on the head and face of the deceased causing his death.