JAGO @ JAGDISHBHAI BHIKHABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the Addl. Sessions Judge and 2nd Fast Track Court, Kheda at Nadiad in Sessions Case No.105/2001 and 23/2002 dated 12.06.2003 whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and has been sentenced to undergo imprisonment for life with fine of Rs.1500/and in default of payment of fine, he was to undergo imprisonment for a further period of two months.

(2.) THE facts, in a nutshell, are as under; The complainant herein, Gitaben w/o. Pratapbhai Kabhai, was residing along with her family in the agricultural land belonging to one Gopalbhai and situated near Anand Sarvariya Mosque, Anand. One Sanjay @ Baka Bhagubhai Rathod was residing in the neighbourhood and the complainant used to consider him as her brother. Both the complainant and her husband were doing miscellaneous works to earn their livelihood. On 23.02.2000 at around 2100 hrs. the complainant was sitting in the veranda of her house and was chatting with one Shantaben, who was residing in her neighbourhood. At that time, the appellant herein and three other accused persons came to her house and asked Sanjay @ Baka to come out. On hearing the call, Sanjay @ Baka came out of the house. Original accused no.4 whispered something in the ears of Sanjay @ Baka and thereafter, the appellant and three other accused persons asked Sanjay @ Baka to accompany them to the nearby agricultural field, which Sanjay @ Baka did. After few minutes, Sanjay @ Baka made shouts of help. On hearing the shouts, the complainant and other residents rushed to the place and they noticed that original accused no.4 had caught hold of Sanjay @ Baka by his hairs and that the appellant herein had inflicted two knife blows on the chest of Sanjay @ Baka. When the complainant tried to intervene, the appellant inflicted a third knife blow on Sanjay @ Baka, which resulted into an injury on the left hand. When the other residents intervened, the appellant and three other accused persons fled the scene of offence. Immediately thereafter, injured Sanjay @ Baka was rushed to a nearby hospital. However, at around 2300 hrs., he succumbed to the injuries.

(3.) THE matter has been listed before this Court time and again. Today, when the matter was called out, the learned advocate on record Mr. PB Goswami, whose name has been shown as advocate for the appellant, was not present. It appears that learned counsel Mr. Goswami is not interested in pursuing the matter before this Court though it has been listed time and again. Therefore, a request was made to learned advocate Ms. Tanuja Kachhi, who was present in the Court, to assist the Court by appearing on behalf of the appellantaccused, which she accepted.