RAJENDRASINH BAHADURSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-accused has filed this appeal through jail and challenged the impugned judgment and order of conviction and sentence dated 23.12.1997 passed by the learned Additional Sessions Judge, Court No. 10, Ahmedabad in Sessions Case No. 38 of 1997 whereby the learned Judge convicted the appellant-accused for the offence under Section 302 IPC for committing murder of Narendrasinh and sentenced him to suffer life imprisonment and to pay a fine of Rs.500.00 in default to further undergo RI for one month. The learned Judge also convicted the appellant-accused for the offence under Section 324 IPC and sentenced him to suffer one year RI and to pay a fine of Rs.250.00 in default to further undergo 15 days RI. Both the sentences are ordered to run concurrently.

(2.) As per the prosecution case, on 19.9.1996, at about 11 P.M., the complainant and deceased-Narendrasinh were going towards their home on separate bi-cycles. At that time, the accused was waiting for them near Hatkeshwar area and when the deceased and his father, i.e. the complainant, approached the spot, a push was given by the accused to Narendrasinh and immediately he had given blow of knife on the vital organ of deceased-Narendrasinh. The complainant had tried to intervene and had taken hold of the knife and it is the case of prosecution that he was also injured in the scuffle. The deceased was shifted to the hospital, at hospital Wardhy was taken by the constable on duty and has informed the police station and then the complaint was taken by the police at hospital. Thereafter dying declaration was recorded and after completion of the investigation the accused has been charge sheeted for the offence under Sections 302, 324 IPC alongwith the offence under Section 135(1) of the Bombay Police Act.

(3.) The learned Magistrate committed the case against the accused to the Court of Sessions. The accused was admittedly poor, therefore, not engaged any advocate to defend the case before the Sessions Court. Under the circumstances, the learned Judge appointed Senior Advocate Shri IM Munshi to defend him in sessions case by providing legal aid. Thereafter, the learned Judge framed charge against the accused at Exh. 1 for the offences under Sections 302 and 324 IPC for committing murder of deceased Narendrasinh and causing simple injuries with deadly weapon like knife to eye witness Andubha Vajesingh (complainant). The accused did not plead guilty to the charge and claimed to be tried. Therefore, to prove its case, the prosecution examined as many as 12 witnesses including two eye witnesses Andubha Vajesingh (complainant) PW 1 (Exh.15) who lodged the FIR (Exh. 16) and one Dalsukhbhai Haribhai PW 2 (Exh. 17). Dr Patel who performed the post-mortem was examined at Exh. 48. Police Inspector Shri RP Bhatt who investigated the case was examined as PW 10 at Exh. 39. He has produced the yadi (Exh. 28) sent to the Executive Magistrate, PW 6 (Exh. 27) who was examined to prove the dying declaration of deceased-Narendrasinh which was recorded by him on 20.9.1996. The prosecution has examined other witnesses as panch witness, etc. and also relied upon the documentary evidence like panchnama of the scene of offence, panchnama of recovery of weapon, etc.