CHANCHALBEN NARROTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present criminal appeal preferred under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as "the Cr.P.C." for short) is directed against the judgment of conviction and order of sentence dtd. 8/9/2015 passed by 2nd (Ad hoc) Additional Sessions Judge, Ankleshwar, Dist. Bharuch in Sessions Case No.116 of 2013, wherein and whereby, the appellants i.e. the accused No.1 and accused No.2 are convicted for the offences punishable under Ss. 302 read with Sec. 114 of the Indian Penal Code, 1860 (hereinafter referred as "the IPC", for short) and sentenced for rigorous imprisonment for life and a fine of Rs.500.00 each and in default of payment of fine, a simple imprisonment for 15 days is imposed. In addition to the aforesaid sentence, the accused Devendrabhai @ Deepakbhai Narrottambhai Patel is also convicted for the offence under Sec. 135 of the Gujarat Police Act, 1951 (the G.P. Act) and sentenced to undergo one month simple imprisonment.

(2.) The case of the prosecution as per the charge at Exh.5 is that on 27/4/2013 at 21:30 hours, the accused No.2 - Chanchalben Narrotambhai Patel caught hold of the deceased Ganpatbhai and the accused No.1 - Devendrabhai @ Deepak Narrottambhai Patel, inflicted a blow of iron pipe on the head of the deceased, which resulted into his death. The deceased was immediately taken into 108 ambulance to the Hansot Government Hospital, where he was declared as dead. The accused No.1 was arrested on 29/4/2013 and the accused No.2 was arrested on 28/4/2013. Both the accused have undergone almost 10 years of incarceration. As per the case of the prosecution the incident has occurred for the reason that the deceased believed that the accused No.1 -Deepakbhai was involved in theft of battery and he also, threatened to take away the rickshaw. When the deceased was going to confront both the accused, the accused - Chanchalben caught hold of the deceased behind his back and thereafter, the accused - Deepak inflicted iron pipe on his head. A complaint was registered by the brother of the deceased - Mohanbhai Narsinhbhai Patel, who is an eye-witness of the incident. He is examined as PW-1 at Exh.9. The Trial Court, after examining the ocular evidence of 19 witnesses as well as documentary evidences, convicted and sentenced the accused, as mentioned hereinabove.

(3.) Learned advocate Mr.Hardik K. Raval, appearing for the appellants / accused has submitted that the Trial Court fell in error in convicting and sentencing the accused for the offences punishable under Ss. 302 and 114 of the IPC. It is submitted that the story of the prosecution is unbelievable to the extent that the accused - Chanchalben caught hold of the deceased so firmly that either the deceased or the first informant could not get him freed, especially when the accused lady is of 55 years of age and the deceased was having strong built.