RANCHHOD SAMATBHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed against the judgment and order of the Addl.Sessions Judge Nadiad dated 28.08.1986 passed in Sessions case no. 83/86 wherein the accused-appellant was convicted under Sec. 304(2) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years (though charge against the appellant was for Sec. 302 of I.P.C., the court convicted the accused-appellant under Sec. 304(2) of I.P.C.).

(2.) The brief facts of the present case are as under: It is the case of the prosecution that there is a field of Adesinh in the sim of village Kot which was under cultivation by him. That on 30.12.85 there was standing crop in the field and the deceased went to the field at 10.00 a.m. In the evening at about 5.00 p.m. the present appellant-accused came there with his flock of sheep and goat. Out of the animals, some of them went to the field of the deceased and destroyed the crop to some extent. At that time, the deceased went to the present appellant Ranchhod Samantsing Bharwad who was standing near the canal and told him to take care of his cattle. To this, the appellant gave a stick blow on the head of the deceased due to which he fell down and the accused ran away. According to the prosecution, there were four eye witnesses to this incident i.e. (1) Madabhai Bhavabhai p.w. 3 exh. 10, (2) Laxmansinh S Chavda p.w.4 exh. 11, (3) Shankar Dola p.w. 7 exh. 24 and (4) Bhala Chandsinh p.w. 8 exh. 25. These people took the injured Adesinh and took him to his father Jagatsinh. Thereafter p.w. 2 exh. 9 Jagatsinh tried to bring the vehicle near the place to carry Adesinh to the hospital, however, he failed in his attempt and when he returned back he saw Adesinh dead. Thereafter in the morning he went to the police station by getting vehicle and gave complaint to P.I.Mr.Mansukhlal D Lakhia p.w. 9 exh. 26 who recorded the complaint and after the complaint was filed, the I.O.Mr.Lakhia went further in his investigation and he also informed his higher authority regarding the incident.

(3.) According to the prosecution, the I.O. went to the place of incident and recorded the inquest panchanama exh. 15 of the body of the deceased and sent the body for autopsy. He also recorded the panchanama of scene of offence at exh. 16. He also recorded the statements of the eye witnesses and other witnesses. At about 4.45 p.m. the accused met and the muddammal stick was seized under panchanama exh. 13. The accused was arrested on the same day at 5.45 p.m. When the witness-I.O. came back to the police station, the P.S.O. seized the clothes of the accused under panchanama exh. 17. Then he prepared the map of the place of incident at exh. 19. He sent the muddammal to F.S.L. for analysis. The report of the F.S.L. Ahmedabad is produced vide exh. 22 and exh. 23. After finding sufficient evidence against the appellant-accused, the I.O. filed chargesheet against the appellant-accused under Sec. 302 of I.P.C. on 29.03.1986. The offence for which the present accused is tried was not triable by the J.M.F.C.Dakor and therefore committed the case to the Sessions Court, Nadiad.