VIJAYBHAI RAMESHBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Bharuch, dated 24th April 2009 rendered in Sessions Case No. 89 of 2008. The appellant was original accused. He was charged with offences punishable under Section 302 and 504 of the Indian Penal Code, and Section 135 of Bombay Police Act by the Sessions Judge. He was convicted for the offence under Section 302, and sentenced to imprisonment for life. Fine of Rs. 25,000/ -was imposed, out of which, Rs. 20,000/ - was to be paid to the wife of the deceased by way of compensation. Briefly stated, the prosecution version was that deceased Vikrambhai Kanjibhai Vasava lived in village Vataria. Near his house, close to a petrol pump, there was a tea stall of Jagdishbhai Chanabhai Vasava. At about quarter to 12 in the night of 31st May 2008, Vikrambhai Kanjibhai Vasava had gone to the said tea stall, where accused Vijaybhai Rameshbhai Vasava was present. Accused and Jagdishbhai Chanabhai Vasava were fooling around. Vikrambhai Kanjibhai Vasava pulled up accused Vijaybhai Rameshbhai Vasava for such frivolous fooling around. Vijaybhai Rameshbhai Vasava got excited, and gave five knife blows to deceased Vikrambhai Kanjibhai Vasava. Due to this, Vikrambhai Kanjibhai Vasava started bleeding profusely. By his family members, he was taken immediately to hospital at Walia, where after giving some treatment, he was referred to the hospital at Bharuch. At Bharuch hospital, he was given further treatment. But, since no surgeon was present, he was taken to a hospital at Baroda, where during treatment he died.

(2.) P .W.1 -Exh.11 Nathiyabhai Daniyabhai, maternal grandfather of deceased Vikrambhai Kanjibhai Vasava, had lodged the First Information Report (Exh.12). In his deposition, he stated that his daughter Kanuben, mother of deceased Vikrambhai Kanjibhai Vasava, was divorced from her husband, and since then she was living with him along with her children. On the night of the incident, Vikrambhai Kanjibhai Vasava had come home saying that he was stabbed by Vijaybhai. Thereafter, Vikrambhai Kanjibhai Vasava was taken to a hospital on a tempo. Jagdishbhai Chanabhai Vasava (P.W.7 -Exh.22) was an eye witness. He had his tea stall near Vataria petrol pump. In his deposition, he stated that he knew Vijaybhai Rameshbhai Vasava, the accused, since he belonged to the same village. On the night of the incident, when he was at the tea stall, deceased Vikrambhai Kanjibhai Vasava came there, and told Vijaybhai Rameshbhai Vasava not to make fun of people, if he could not himself tolerate such humour. There was a brief exchange between the two, upon which, accused gave three to four blows to Vikrambhai Kanjibhai Vasava on his hands, stomach and chest. Vikrambhai Kanjibhai Vasava was bleeding from chest. He applied dry tea leaves on the wound to stop bleeding. But the bleeding did not stop. Vikrambhai Kanjibhai Vasava then went home, from where he was taken to hospital at Walia.

(3.) PRIYANKABEN Vikrambhai Vasava (P.W.11 -Exh.33), the wife of the deceased, deposed that she lived with her husband and his grandparents. On 31st May 2008, late at night, her husband feeling very hot, went to the tea stall of Jagdishbhai Chanabhai Vasava, which was situated at a distance of about two to three hundred feet from their residence. At about 12 'O' clock, Vikrambhai Kanjibhai Vasava returned home with knife injuries. All the family members woke up, and found that he was bleeding from chest and stomach. On enquiry, Vikrambhai Kanjibhai Vasava informed her that accused Vijaybhai Rameshbhai Vasava was fooling around, and when he tried to stop, Vijaybhai Rameshbhai Vasava gave him knife blows. She along with other family members took Vikrambhai Kanjibhai Vasava to the hospital at Walia, from where he was referred for further treatment at Civil Hospital, Bharuch. From there, they went to Baroda Heart Institute for further treatment. At Baroda Heart Institute, her husband died. She identified the pants, which her husband was wearing at the time of incident.