STATE OF GUJARAT Vs. RAMANBHAI MANGALBHAI BARIA

JUDGEMENT

(1.) The present Appeal has been filed by the Appellant - State of Gujarat under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 18/7/1998 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No. 158 of 1997 whereby the Respondent - Original Accused herein came to be acquitted of the charge for offence punishable under Sec. 302 of the Indian Penal Code ("IPC") and, instead, was convicted for offence punishable under Sec. 304 Part - II of IPC.

(2.) The facts and circumstances giving rise to the filing of the present Appeal are such that on the fateful day, the deceased and his family members were sleeping in their house. At the time of dawn, the Respondent went to the house of the deceased, who was sleeping and asked him, as to why he was not bringing his wife back, and assaulted the deceased with a spade. After the incident, the deceased was taken to the Hospital at Shehra from where he was shifted to the Hospital at Godhra, where, after 10 days of the incident, he succumbed to the injuries and died. The FIR in that regard came to be lodged by the wife of the deceased namely Kapuriben Chatrabhai on 21/7/1997. On the basis of the said information, an offence came to be registered against the present Respondent initially for offence punishable under Sec. 307 of IPC. Subsequently, upon the death of the deceased, the offence punishable under Sec. 302 of IPC was added to the FIR. The investigating agency, after conclusion of investigation, filed charge sheet against the present Respondent for offence punishable under Ss. 302 and 504 of IPC. Since the offence charged against the Respondent was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions under Sec. 209 of the Code of Criminal Procedure.

(3.) The learned Sessions Judge framed the charge against the present Respondent for the offence punishable under Ss. 302 and 504 of IPC and Sec. 135 of the Bombay Police Act vide Exh. 2 and recorded the plea of the Respondent vide Exh.3. Since the Respondent pleaded not guilty, he was put to trial. The prosecution has examined as many as 9 witnesses and had also produced certain documentary evidences to bring home the charge levelled against the Respondent. The learned Sessions Judge, after considering the evidence on record and after hearing the learned Advocates appearing for both the sides, was pleased to acquit the Respondent from the charge of offence punishable under Sec. 302 of IPC and, instead convicted him for the offence punishable under Sec. 304 Part - II of the IPC and imposed sentence of R.I. for 4 years and fine of Rs.100.00 vide the impugned judgment and order.