STATE OF GUJARAT Vs. BANSILAL SHANKERLAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.1.1986 of the learned Additional Sessions Judge, Ahmedabad at Narol in Sessions Case No.120 of 1985 acquitting the respondent-accused of the offence punishable under Section 302 IPC.

(2.) The accused was charged with the offence of committing murder of Savjibhai Nanjibhai Thakkar at Dholka at 5-30 PM on 30.8.1985. The prosecution case, as per the complaint lodged by Amrutlal Savjibhai, son of the deceased at 8-30 PM on the same evening, was that at 5-30 that evening, the deceased had gone to the wada near the house of the complainant for giving grass to their buffalo when there was altercation between the accused and the deceased, and the accused got excited and picked up a PAVDA (an agricultural equipment like a shovel with a 60 degree angle between the iron pan and the wooden handle) lying in the wada and gave the first blow on the forehead of the deceased and when the deceased was falling down on the ground, the accused gave the second blow on the back of the head of the deceased. When the complainant and the other family members heard the commotion they came out of the house and they saw the accused giving two blows to the deceased with the pavda. On seeing the complainant and others, the accused ran away. The deceased and two other persons tried to chase the accused but as the deceased had become unconscious and was lying in the wada, the complainant and others returned to the spot and took the deceased inside the house. The complainant tried to get a Doctor to their residence to give treatment to the deceased but as it was Rakshabandhan day (Raakhi day) and evening, the complainant could not find any private doctor and, therefore, rushed the deceased to the Municipal hospital. A complaint was lodged by the son of the deceased at 8-30 PM. Since the doctor at the Municipal hospital advised that the deceased was required to be shifted to Ahmedabad, the complainant and his elder son were taking the deceased to Ahmedabad when the deceased succumbed to the injuries on the way. Hence, the complaint was lodged against the accused for committing the offence punishable under Section 302 IPC by converting the offence from Sections 324, 323 and 506(2) IPC. A copy of the FIR was sent to the learned JMFC, Dholka on 30th August, 1985 itself. The accused was arrested on 31.8.1985 at about 10-30 AM. The accused was chargesheeted on 30.9.1985 and the case was committed to the Court of Sessions. The accused pleaded not guilty to the charge.

(3.) The prosecution led the following evidence:- EYE WITNESSES: PW 2 Complainant-Amrutlal Savjibhai Thakkar Exh.17- son of the deceased. PW 3 Amarsing Mavsing Exh.18 - tenant of agricultural land of complainant's family PW 5 Pankaj Amrutbhai Thakkar Exh.21 - grandson of the deceased and younger son of the complainant. MEDICAL EVIDENCE: PW 4 Dr CV Barad Exh.19 who conducted the post-mortem on the body of the deceased on 31.8.1985 between 9-00 and 10-00 AM. PANCH WITNESS: PW 1 Narsinhbhai Haribhai Patel Exh. 12, who proved the panchnama of the scene of offence Exh.8. PW 7 Manubhai N Joshi Exh.23 (Page 113) Circle Inspector, who had prepared the map of the scene of offence Exh.24. POLICE WITNESSES: PW 6 Yashwant Narsinh Exh.22 (Page 109) Police Head Constable at Dholka Police Station who had taken down the FIR. PW 8 Jamsing P Waghela Exh.25 (Page 117) PSI, Dholka Police Station, who was the Investigating Officer. In his statement under Section 313 Cr PC the accused stated that he was implicated in the offence because the complainant had a dispute with Babubhai whose house the accused used to visit.