KHATUBHAI ADABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellants, original accused, have challenged the judgment and order passed by the learned 3rd Additional Sessions Judge, Panchmahal, Godhra, in Sessions Case No.58/2008 dated 09.07.2009, whereby, the appellants herein, original accused, have been convicted for the offence punishable under section 302 r/w. Section 34 of the Indian Penal Code (for short, "the IPC") and have been sentenced to undergo imprisonment for life and fine of Rs. 10,000/each, in default of payment of fine, the appellants shall undergo further sentence of simple imprisonment for one month. The appellants herein have been acquitted of the charges u/s.504 r/w. Section 34 of the IPC and u/s. 135 of the Bombay Police Act. The appellants have been given the benefit of setoff.

(2.) THE short facts leading to filing of this appeal are that on 14.01.2008, the Second P.S.I. Of Godhra Taluka Police Station got telephonic information that two family members were quarreling at village VeganpurGurjina Muvada. On receiving such information, P.S.I. Dabhi reached to that place and found a dead body of one person was lying on R.C.C. Road. Thereafter, one Sabitaben came there and informed him that the deadbody was of her husband and thereafter, Sabitaben filed the complaint, inter alia stating that there was a dispute between her fatherinlaw and brother of her fatherinlaw regarding ancestral property. On the day of incident, a quarrel took place between the parties for the said ancestral property and suddenly the appellant Nos.1 and 2 inflicted knife blows on the chest of the deceased. It is further alleged that appellant No.3 with stick and appellant No.4 with iron rod assaulted the husband of the complainant. Upon seeing the family members coming and shouting, the appellants herein ran away from the place of incident. They saw the dead body of the deceased lying on the floor.

(3.) WE have heard learned advocate appearing for the appellants and learned APP appearing for the respondentState and perused the oral as well as documentary evidence on record. The fact that deceased died a homicidal death is proved from the testimony of PW9Dr. Babulal Kalusinh Patidar, who has been examined vide Exhibit36. He has categorically stated that death was caused due to hemorrhagic shock on account of injuries in chest and right lung and ascending aovta. According to him, such injury were sufficient to cause death in normal course. Thus, from the testimony of this witness, it is crystal clear that the deceased died a homicidal death.