JAGDISHBHAI MOHANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was original accused. He was charged with offence punishable under Section 302 and Section 201 of the Indian Penal Code by the impugned judgment dated 21st April 2009 rendered by the Principal Sessions Judge, Bharuch, in Sessions Case No. 83 of 2008. He was sentenced to life imprisonment for the offence under Section 302 of the Indian Penal Code and for two years imprisonment for the offence under Section 201 of Indian Penal Code. Fines were also imposed.

(2.) BRIEFLY stated, the prosecution version was that the complainant Jayantibhai Reshambhai Vasava owned agricultural land at village Maljipura. The father -in -law of the complainant, Rupalbhai Revlabhai Vasava, managed the agricultural operations. He had built a small hut and was living on the field. He had engaged accused Jagdishbhai Mohanbhai Vasava as agricultural labourer. He was, however, not satisfied with the work of Jagdishbhai Mohanbhai Vasava, and he, therefore, had thrown him out of employment. Keeping a grudge, therefore, accused Jagdishbhai Mohanbhai Vasava, and his accomplice Sukedavbhai Desaibhai assaulted deceased Rupalbhai Revlabhai at any time after 3rd March 2008 with sticks, causing serious injuries, and with the help of a piece of cloth, he was thereafter strangulated. To destroy the evidence, his dead body was taken in the ravines a little distance away, and was buried under the ground.

(3.) BEFORE the charge could be framed, Sukedavbhai Desaibhai committed suicide. The charge, therefore, was framed against the sole accused Jagdishbhai Mohanbhai Vasava of having committed murder under Section 302 of the Indian Penal Code, and also for committing offence under Section 201 of the Indian Penal Code. Jayantibhai Reshambhai Vasava (P.W.3 -Exh.21) deposed that he was a clerk in the Gujarat Mineral Development Corporation. Deceased Rupalbhai Revlabhai was his father -in -law. He had agricultural land in village Rajpardi. His father -in -law looked after the agricultural operations, and lived on the field in a small hut. He had engaged accused Jagdishbhai Mohanbhai Vasava as labourer. Once his father -in -law had complained that Jagdishbhai Mohanbhai Vasava was not working properly. He thereafter terminated Jagdishbhai Mohanbhai Vasava from work.