SURESH KANAGRAJ NADAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.12.1998 passed by the learned Sessions Judge, Rajkot convicting the appellant-accused for the offence punishable under Section 302 IPC and sentencing the accused to undergo imprisonment for life with fine of Rs.500/= in default simple imprisonment for one month for the said offence. By the same judgment the accused was acquitted of the offence punishable under Section 135(1) read with Section 37 of the Bombay Police Act.

(2.) The accused was doing the business of preparing and selling South Indian dishes like idli, dosas on the Kalavad Road at Rajkot. The charge against the accused was that deceased Bhagirathsinh Juvansinh Jadeja used to often visit the larry of the accused and used to eat food articles free of cost and was harassing the accused. On 2.3.1997 at about 9.00 P.M., the deceased had gone to the larry of the accused and beaten the accused by giving slaps and fist and kick blows. Thereafter, the accused gave knife blows to the deceased and caused the death of the deceased. The accused was arrested in connection with the said offence registered at C.R. No. 111 of 1997 for the offences punishable under Section 302 IPC and under Section 135 of the Bombay Police Act at Rajkot Taluka Police Station. The said offence was registered on the basis of the information lodged by the accused himself at the aforesaid police station on the same day i.e. 2.3.1997 at about 10.50 P.M.

(3.) The prosecution case was that the accused used to run his business of preparing and selling South Indian dishes at Kalavad Road, Rajkot and deceased-Bhagirathsinh Juvansinh Jadeja used to visit the said place and used to demand and eat food articles from the said larry of the accused free of cost and the deceased was also harassing and abusing the accused to close the larry for about one week prior to the incident. The deceased had told Suresh Patel who was doing the business of motor cycle repairing in the adjoining larry in the same area, about the harassment by the deceased. Suresh Patel told the accused that deceased-Bhagirathsinh Juvansinh Jadeja of Nana Mava village was a head strong person and was harassing and bullying the people in the area and advised the accused not to spoil relations with him. Hence, the accused requested Suresh Patel to persuade the deceased not to harass the accused and not to spoil the business of the accused. As 2.3.1997 was a Sunday and the accused was likely to get more customers on Sunday evening, the accused and Suresh Patel had gone to the place where the deceased used to sit in the earlier part of the evening and the deceased had told them to go away and that he would meet them after 8.00 O'clock. Accordingly, the accused and Suresh Patel had gone back to their larries. Suresh Patel had closed his business early as it was Sunday. The accused started preparing and selling South Indian dishes. At about 9.15 P.M. the deceased went on a scooter to the larry of the accused and the deceased called the accused and demanded the keys of the money box of the accused and pulled the accused on the road and started beating him by giving him kicks and fist blows. Therefore, the accused got frightened and in view of the threats which were being given by the deceased to kill the accused and also demanding the keys of the money box of the accused, the accused brought a knife from his larry and gave blows to the deceased and the deceased fell down near his scooter on the road. The accused was angry and again gave blows to the deceased and gave one blow on the neck of the deceased who succumbed to the injuries. Thereafter, the accused went to the police station and lodged the information with the police. Police Inspector-Vaghela recorded the information and treated the same as FIR, registered the offence against the accused and arrested the accused at the police station. The inquest panchnama was drawn at the General Hospital where the dead body of the deceased was taken by the relatives of the deceased who came to know about the incident. The panchnama of the place of offence was also drawn. The knife in question was also seized under the panchnama. The accused was charged with the offence of murder punishable under Section 302 IPC and under Section 135 of the Bombay Police Act. The accused pleaded not guilty.