RAVJIBHAI TABHABHAI DAFDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of a judgement dated 29.1.2009 rendered by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 50/2008. Both the appellants were the original accused. They were charged with offences punishable under sections 302, 450, 323, 504 read with section 114 of the Indian Penal Code and section 135 of the Bombay Police Act. By the impugned judgement, they were convicted for such offences. For the offence under section 302 of the IPC, they were were sentenced to life imprisonment. Fine was also imposed. For the remaining offences, lesser punishments were imposed. Substantive sentences were made concurrent. They have therefore, filed two separate appeals challenging such judgement. Briefly stated, the prosecution version was that the accused lived in the same locality as Chaganbhai Somabhai Makwana (the deceased). Previously during Janmasthami time on the issue of girls gambling with cards, a quarrel had taken place between Chaganbhai and the accused. Chaganbhai was beaten up. As a sequel of such incident on 1.1.2008, the accused came to the house of the deceased in the evening hours. When he and his wife were at home, they assaulted the deceased with a hockey stick and pipe, gave several blows on all parts of body including on the head. Chaganbhai died on the spot. He was shifted to the hospital where he was declared brought dead. FIR was lodged by his wife Kantaben.

(2.) CHARGE to this effect was framed at exh.15 alleging that the accused had committed offences punishable under sections 302, 450, 323, 504 read with 114 of the IPC and section 135 of the Bombay Police Act. Kantaben Chaganbhai, PW -9, exh. 43, wife of the deceased, was eyewitness and the first informant. She deposed that she lived with her husband at Dalitvaas of Jivapur village since years. On 1.1.2008, in the evening at 6 O' clock, she was at home. Her husband was also there. The accused at that time came there. Naresh Mananbhai (accused No. 2) was carrying a pipe. Ravjibhai Tabhabhai (accused No. 1) had a hockey stick. Both gave repeated blows to her husband. She tried to save him but she was asked to go away. Naresh Mananbhai gave pipe blows on the head. Ravjibhai Tabhabhai gave blows with hockey. Her husband fell down bleeding upon which these people ran away. Her husband died there. Her complaint was recorded at the spot which was produced at exh.44. Her husband was carried to a hospital where the doctor declared him dead. According to her previously during 'Atham' festival, her husband had scolded girls gambling, upon which the accused had quarreled with him and beat up her husband. Since they were residing in the same area, no complaint was filed about it. She identified the accused as well as the weapons before the Court.

(3.) RAMILABEN Harsurbhai Makwana,PW -10, exh.45, in her deposition also referred to the incident of 'Atham'. She further stated that when she was at home, she was informed that accused are beating up Chaganbhai. She ran there to see the accused running away after leaving the hockey stick and pipe. She saw Chaganbhai outside his house bleeding.