MOHANBHAI MAGANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed by the original accused challenging the judgment dated 11.1.2008 rendered by the learned Principal Sessions Judge, Vadodara in Sessions Case No. 104 of 2006. The accused' was charged with the offence punishable under Section 302 of the Indian Penal Code. He was convicted for such offence and sentenced to life imprisonment. He has, therefore, challenged his conviction and sentence recorded by the learned trial Judge. Briefly stated the prosecution version was that, on 14.3.2006 the complainant Bhikhiben and her husband Ravjibhai had gone to offer prayers at the Holi fire at about 7 O'clock in the evening. They had pulled out a coconut from the fire and returned home where after dinner they were resting. At about 20.45 hours, the accused came there with an iron rod and picked up quarrel with Ravjibhai about taking out the coconut from the fire. He started abusing and used foul language. When Bhikhiben intervened and told him not to use bad words, he got excited and gave one blow with iron rod to Bhikhiben on her head. She started bleeding. She was taken to the hospital where she died on 16.3.2006 at 23:00 hours. Under charge Ex. 3, the accused was therefore charged with offence punishable under Section 302 of the Indian Penal Code and also under Section 135 of the Bombay Police Act.

(2.) THE FIR was lodged by the deceased herself which was produced at Ex. 41 in which similar version was disclosed. The dying declaration of Bhikhiben was recorded by Executive Magistrate - P.W. No. 1. He narrated the procedure undertaken by him for recording such dying declaration. He had visited the hospital upon being summoned by the police. After verifying that the patient was conscious and able to give a statement, he recorded the dying declaration which was produced at Ex. 15. In such dying declaration, Bhikhiben had stated that on the date of incident i.e. 14.3.2006, the accused had given a blow on the back of her head with an iron rod.

(3.) JAGDISHBHAI Sanabhai P.W. No. 4 Ex. 22, was a neighbour of the deceased. He had also witnessed the incident. He deposed that on the date of Holi he had gone to the sim of the village for offering prayer at the Holi fire. When he had returned home and was having dinner, a quarrel had taken place between the accused and the deceased Bhikhiben. His house was situated right next to that of the Bhikhiben. When he came out, he found that Mohanbhai i.e. accused, had given a blow to Bhikhiben and run away.