PARSIGHBHAI GALIYA MACHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of a convict accused for the offences punishable under Sections 302 and 307 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 27/6/2006, passed by the learned Additional Sessions Judge, Dahod, in Sessions Case No.31 of 2006. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offences punishable under Sections 302 and 307 of the Indian Penal Code and consequently, sentenced him to suffer Life Imprisonment and a fine of Rs.500/ - for the offence of murder punishable under Section 302 of the Indian Penal Code with a further stipulation that in default of payment of fine, the appellant was directed to undergo further Rigorous Imprisonment for six months. In the same manner the learned Additional Sessions Judge sentenced the accused to suffer Rigorous Imprisonment for a period of 10 years and a fine of Rs.250/ - for the offence punishable under Section 307 of the Indian Penal Code. In default of payment of fine, the appellant was directed to undergo further Rigorous Imprisonment for 6 months.

(2.) Case of the Prosecution : -

(3.) The record reveals that the incident in question had occurred on 4/11/2005, i.e. the day on which there was a social gathering at the house of one Dhirabhai Machhar. As the Police learnt about the incident, an Accident Death Case was registered by the police under the provisions of Section 174 of the Code of Criminal Procedure. After the registration of the accidental death case, the police recorded statements of various persons including the family members of Dhirabhai Machhar and also of those who had suffered vomiting and severe diarrhoea on account of food poisoning. The record also reveals that the Food and Drugs Laboratory vide its report dated 16/11/2005 had informed the Food Inspector at Godhra that the samples of cooked rice and prepared Dal were not fit for human consumption as they were mixed with Organo Phosphorous Pesticides "PHORATE". On receipt of such a report of the Food and Drugs Laboratory dated 16/11/2005, the Investigating Officer one Mr.Gurpritsingh Surendersingh Sayan -Police Sub -Inspector of Limdi Police Station lodged a First Information Report on 19/11/2005 wherein for the first time it was alleged that it was the accused who had mixed PHORATE into Dal and Rice on the date of the social gathering at the house of Dhirabhai Machhar i.e. on 4/11/2005. On the strength of such FIR registered by the PSI of Limdi Police Station, the investigation had commenced. Prior to registration of the First Information Report, investigation was conducted as an Accident Death Case under the provisions of Section 174 of Criminal Procedure Code. The scene of offence Panchnama was drawn in the presence of two panch witnesses, being Exh.39. The Panchnama of Discovery of a Plastic bag containing PHORATE from the house of the accused was drawn in presence of two panch witnesses, being Exh.51. On 20/11/2005 the accused was arrested and accordingly an Arrest Panchnama being Exh.44, was drawn in presence of the two panch witnesses. Finally at the end of the investigation charge -sheet was filed against the accused in the Court of Judicial Magistrate, First Class, Zalod.