STATE OF GUJARAT Vs. PANCHAL KANUBHAI CHUNILAL

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under Sec. -378 of the Code of Criminal Procedure, 1908 challenging the judgment and order of acquittal dtd. 4/4/1995 passed by the learned Additional Sessions Judge, Vadodara in the Sessions Case No.140 of 1994. By the said judgment and order, the learned Sessions Judge has recorded order of acquittal of present respondent Nos. 1 and 2- original accused Nos.1 and 2 for the offence punishable under Sec. 302 , 324 , 114 of Indian Penal Code and Sec. 135 of the Bombay Police Act.

(2.) The gist of the complaint given by Leelaben Mohanbhai Solanki (P.W. No.-1) wife of deceased Mohanbhai Bhupatbhai Solanki is that on 14/1/1994, the complainant was engaged in cooking and while she was inside her house, her husband - deceased Mohanbhai Bhupatbhai Solanki was flying kite in the compound area adjacent to their house. The mother-in-law was also present in the house. It is her case that her deceased husband viz. Mohanbhai Bhupatbhai Solanki was enjoying kite flying and shouted that 'the kite has gone'. Upon hearing such a shout, the accused No.1 viz. Kanubhai Panchal and accused No.2 -his wife viz.Savitriben who were residing in the neighborhood suddenly came out of their house and the accused No.1 started inflicting knife (katar) blow on the chest of the deceased - Mohanbhai. The complainant immediately rushed out of her house to save her husband from further assault. However, the accused no.2 - Savitriben caught- hold of the complainant and pushed her and at the same time, the accused No.1 injured her by inflicting the knife (katar) blow on her right leg while she was trying to intervene. The accused No.1 had further inflicted two blows on the back of the deceased. Upon hearing the screaming of the complainant, one person viz.Rameshbhai Raisingbhai Parmar, P.W.-2 as well as other persons including Mohanbhai Bhikhabhai Chauhan, P.W-3, who were residing in the same faliya came to the scene of offence and caught-hold of both the accused No.1 and accused No.2. The deceased Mohanbhai Solanki was immediately shifted for medical treatment to S.S.G. Hospital. Both the accused were arrested by the police on the spot. However, the doctor on examination of the deceased declared him dead.

(3.) Based on the aforesaid complaint, an F.I.R. came to be registered with the Makarpura Police Station, which was registered as I-C.R.No.9 of 1994 for the offence punishable under Sec. s-302, 324 r/w.114 of the I.P.C . and Sec. -135 of the Bombay Police Act, against both the accused persons wherein Panchal Kanubhai Chunilal was arraigned as accused No.1 and his wife Savitriben Kanubhai (respondent No.2) herein was arraigned as accused No.2. At the end of the investigation, a charge-sheet came to be filed against both the aforesaid accused for the offence punishable under Secs. 302, 324 r/w.114 of the I.P.C. and Sec. 135 of the Bombay Police Act. The aforesaid charge-sheet was placed before the Court below and the Sessions Case No.14 of 1994 came to be registered before the learned Additional Sessions Judge, Vadodara. The accused were produced before the trial Court and the accused having denied the offence, a charge came to be framed against them vide Exh.5. The accused No.1 was charged for the offence punishable under Sec. -302 of IPC for causing the death of deceased Mohanbhai Solanki. The accused No.1 was further charged for the offence under Sec. -324 of the IPC for causing grievous hurt to the complainant with the weapon knife (katar). Further, the accused No.2 was charged with the offence of abetment of the offence committed by the accused no.1 under Secs. 302 & 324 of IPC whereby she was alleged to have caught- hold of the complainant and had thereby abetted in the offence committed by the accused No.1 under Sec. 302 of I.P.C. of causing death of deceased Mohanbhai and causing grievous injury to the complainant for the offence under Sec. 324 of I.P.C . Further, the accused No.1 was also charged for the offence punishable under Sec. 135 of the Bombay Police Act for using deadly weapon in the public domain in breach of notification issued by the Police Commissioner, Vadodara.