KEDAR VIJAYKUMAR BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 13.09.2010 rendered by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 76 of 2007. Appellant was original accused. He was charged with the offences punishable under Section 302 of Indian Penal Code and Section 135(1) of the Bombay Police Act. He was convicted for the offence punishable under Section 302 but acquitted for the offence punishable under Section 135(1) of the Bombay Police Act. He was sentenced to imprisonment for life. He has challenged his conviction and sentence in present appeal. Briefly stated the prosecution version was that one boy Henil Patel aged about 10 years was residing in flat No. C -6 of Madhurmilan flats in Vadaj area of city of Ahmedabad with his parents. In the same complex, in flat No. C -12, Kedar Vijaykumar Bhavsar, aged about 23 years, also lived with his family. Henil used to tease Kedar calling him impotent and eunuch. Even when warned not to do so Henil continued his pranks. Due to this, on 12.02.2007 between 5:15 and 6:30 p.m., Kedar called Henil inside his house. After tying up his hands with a rope and blindfolding Henil, Kedar slit his throat with a knife causing his death. He thereafter removed the dead body from his house by placing it in a plastic sack and left it on the terrace of the complex. He also cleaned the floor of his house.

(2.) CHARGE was framed at Exh. 3 in which it was alleged that deceased Henil used to tease accused Kedar calling him impotent. Therefore, keeping a grudge, on 12.02.2007, accused secured presence of Henil inside his house under the pretext of teaching him magic tricks. He tied the hands of Henil, blind folded him, strangulated him and also slit his throat and caused his death. He had thus committed offences punishable under Section 302 of the Indian Penal Code and 135(1) of the Bombay Police Act.

(3.) KAMLESH Patel, P.W. 16, Exh. 56, father of the deceased deposed that he was working as a primary school teacher. On the date of the incident, he had gone for work. When he was taking private tuition, he was informed by his wife that Henil was missing. When he reached home, he saw a crowd and therefore went straight to the terrace where he saw his son placed in a bag, bleeding.