RAVIKUMAR SHIVGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of a common judgement dated 16.7.2008 passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No.399/2006. Originally there were four accused charged with offences punishable under section 302 read with section 120B and under section 302 read with section 34 of the IPC. Accused no.1 Ravi Kumar Shivgiri Goswami was convicted for offence under section 302 and sentenced to life imprisonment. Rest of the accused were acquitted. The convicted accused Ravi Kumar Shivgiri Goswami has preferred Criminal Appeal No.2364/2008 challenging the conviction and sentence recorded by the trial Court. The State has preferred Criminal Appeal No.2734/2008 challenging the acquittal of rest of the accused.

(2.) CASE of the prosecution in brief was that accused no.1 had a grudge against one Prathmesh since he had ensured arrest of accused no.1 and 2 by police in case of a fight. Keeping this grudge, in the night of 5.6.2006 at 12:15, the four accused along with the absconding accused Jatin Keshubhai Rana in furtherance of a conspiracy to fulfill the common intention, assaulted said Prathmesh near Amraiwadi Khokra Rohit circle when Prathmesh was talking to his friend Rihit Mohanlal Pathak. The accused arrived on their motorcycles and picked up a quarrel with Prathmesh and thereafter, gave multiple blows on all parts of the body with deadly weapons such as knives and daggers causing fatal injuries. All the accused were alleged to have committed offences punishable under section 302 read with section 120B and section 302 read with section 34 of the IPC along with the absconding accused. The prosecution case further was that the accident happened very close to the Amraiwadi police station and while the assault was actually going on, several police and home guard personnel who were present nearby saw the incident and rushed to the spot. All the accused thereupon started fleeing. Accused no.1 was caught from the spot with a knife. The other three accused ran in different direction and escaped. They were later on apprehended and tried along with accused no.1.

(3.) THE first information was lodged by one Nrupad Indravadanbhai Joshi, PW2, exh.18, the brother of the deceased. He was not an eyewitness but was informed about the incident. He deposed that Prathmesh worked as ICICI recovery agent. At 12:30 at night on 6.1.2006, when he was at his house, a milk van driver informed him that a murder had taken place at Khokra circle. He along with his younger brother Nrushad therefore, walked upto Khokra circle where Rihit Mohanlal Pathak, friend of Prathmesh stopped him and told him about the assault by four people. He was informed that Prathmesh had been taken to L.G. Hospital. He therefore, rushed there where the doctor informed that his brother had died. The police had thereafter, recorded his FIR which was produced at exh.19.