MUKESHBHAI GEMABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT -original accused has challenged judgment dated 17.8.2007 rendered by learned Additional Sessions Judge, Vadodara, in Sessions Case No. 1 of 2007. Under such judgment the accused was convicted for offence punishable under Sections 302 and 307 of the Indian Penal Code. For the offence under Section 302 he was sentenced life imprisonment. For the offence under Section 307 seven years imprisonment was awarded. Such sentences were, however, made concurrent. Briefly stated the prosecution version was that, accused -Mukeshbhai Gemabhai had borrowed Rs. 3,600/ - from a money lender Vipulbhai Sambhubhai by pledging a pendant of his younger brother's wife. Such amount was borrowed for the purpose of paying the installment of his loading rickshaw which he had purchased on loan. His acquaintance Desingbhai Koyjibhai, the complainant, leaked such information to the father of the accused. This angered the accused. In the night of 28.9.2006 accused came to the house of the complainant Desingbhai at about 2:30 with an axe. Complainant, Desingbhai was sleeping in the open with his wife and children. The accused gave axe blow to the complainant Desingbhai and to his two sons and daughter. His son Ravindra died due to the head injuries caused by the accused. The other three person's i.e. complainant and his two children received serious injuries. As per charge Ex. 4 therefore the accused was charged with offences punishable under Sections 302 and 307 of the Indian Penal Code.

(2.) VIPULBHAI Sambhubhai P.W. No. 4 at Ex. 25 was the person from whom the accused had borrowed said sum of Rs. 3,600/ -. In his deposition he stated that he was engaged in the business of money lending, for which he had a license. On 6.9.2006, the accused came to his shop and borrowed a sum of Rs. 3,600/ - from him.

(3.) THE complainant, Desingbhai, P.W. No. 6 was examined at Ex. 32. He deposed that on the date of the incident he was sleeping outside his house. At 2:30 at night, he was given a blow with an axe on the right side of the head. His son Ravindra and Rajkamal, his daughter Rekha and Rashmitaben and his wife Ravitaben were sleeping near him. With the axe blow he woke up. Near his cot he had kept a torch. With the light of the torch he saw that the assailant was the accused -Mukeshbhai Gemabhai. Mukeshbhai also given a blow on the head to his son Ravindra and also on his son Rajkamal on the head. Simultaneously he gave one blow to his daughter Rekha over her eye. He knew Mukeshbhai since he was residing in the same locality since years. He identified the accused before the Court. He also identified the axe as the murder weapon. Regarding the motive he stated that the accused had to pay some amount to an injured, since he had caused an accident with his rickshaw for which he had pledged the pendant of the wife of his brother. This information he had shared with the father of the accused, because of this animosity the accused assaulted them.