AMBALAL NANDLALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal is preferred under the provisions of Section 374(2) of the Code of Criminal Procedure Code, 1973 is addressed against judgment and order delivered by learned Additional Sessions Judge, Mehsana, on 8th of November, 1996, convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to rigorous imprisonment for life and fine of Rs.500/ , in default, rigorous imprisonment for three months. The appellant was prosecuted bul acquitted of the charge levelled against him for the offence punishable under Section 135 of the Bombay Police Act. However, this acquittal is not the subject- matter of channge by the State Government.

(2.) Deceased and victim in this case is father while accused-appellant herein happens to be his son. Prosecution story discloses that the incident in question occurred on 14th of April, 1996 at about 3.00 p.m. at village Ambod, Taluka Mansa of Mehsana District. The appellant had some dispute against his father in respect of money, which deceased father had kept in Fixed Deposit Receipt, maintained with a Bank and on this account, present appellant was picking up quarrels with the deceased demanding money from his father. On the day of the incident, accused started beating deceased with a thick stick (dhoka, i.e. club-like piece of wood) and inflicted many blows. Hearing his shouts, Amrutlal Manilal Darji, PW-14 conveyed to PW-13 Mahendrasinh Kanasinh Chavda that the appellant was beating his father. PW-13 Mahendrasinh Kanasinh Chavda in turn conveyed to PW-2 Chavda Bheruji Pathuji, PW-9-Mafaji Gobarji and others sitting in the temple of God Ramji that the accused was beating his father and that they should go to rescue him. Thereafter, immediately, Chavda Karansinh Bhikhaji, Mafaji Gobarji-PW-9, Bharatsinh Arjnaji and PW-2 Bheruji Pathuji Chavda went to the house of the accused. They saw that accused was beating his father with a thick stick of about 2 feel indiscriminately on his body and was inflicting blows one after the other. Deceased was rescued by PW-2 Chavda Bheruji Pathuji and others, whereas the appellant was made to sit in a corner. At that juncture of time, the deceased was conscious and said to PW-2 Chavda Bhreuji Pathuji and other persons that appellant had beaten him severely and had inflicted injuries on his head, stomach, and that it was not possible for him to survive. The deceased also said that appellant was demanding money from him and had taken away from him the bank passbook before a week. PW-2 : Chavda Bheruji Pathuji and others asked deceased to keep quite and further consoled that a vehicle was being summoned for shifting him to the hospital. Govindsinh Rajusinh, who was present was sent to bring a vehicle and others remained at the house of appellant, hut some time thereafter deceased died. PW-2 Chavda Bheruji Pathuji at about 18.30 hours informed Mansa Police Station on telephone that in village Ambod, Nandlal Jayshankar Pancholi was severely beaten by his son Ambalal and Nandlal Jayshankar had died. Village people were gathered at the scene of incident. On receiving this telephonic message, PW-11 Joitaji Motiji. who was at the relevant time In-charge of Mansa Police Station, made entry in this regard in Telephone Vardhi Register. Thereafter simultaneously, an entry was also made in Station Diary vide Sr.No.10 at page No.63 about what was conveyed by PW- 2 Chavda Bheruji Pathuji to PW-11 Joitaji Motiji Station. On receiving this information, Joitaji Motiji deputed Head Constable Dhiruji Varvaji of Mansa Police Station to visit village Ambod. Dhiruji Varvaji - PW-12 on reaching village Ambod, found that Nandlal (deceased) was lying on a cot with multiple injuries on head, both the hands. both the legs and chest. He also found that appellant was sitting there. PW-2 Chavda Bheruji Pathuji was present at the house of the appellant. PW-12 Dhiruji Varvaji recorded the complaint of Chavda Bheruji Pathuji about the incident. Thereafter, the investigation was entrusted to PW-15 Dhansinh Changiram Kadhayan at aboyt 19.30 hours. During investigation he drew the inquest panchnama and panchnama of scene of offence. The dead body was sent to Mansa Hospital for post-mortem and appellant came to be arrested by him. The appellant also presented stick with which, according to prosecution case, he had inflicted injuries to deceased. Jersey and pant put on by appellant were found blood stained and. therefore, by a panchnama, the same were seized by him. The clothes found on the dead body were also seized. Incriminating articles which were seized including blood stained earth found from the scene of offence were sent to Forensic Science Laboratory. The Investigating Officer, PW-15 Dhansinh Changiram Kadhayan had also recorded the statements of the relevant witnesses.

(3.) Having collected the evidence, a charge-sheet came to be filed in the Court of Judicial Magistrate, First Class at Mansa against the appellant for the offence under Section 302 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. The case came to he committed by learned Judicial Magistrate, First Class, Mansa to the Sessions Court at Mehsana, as per Section 209 of the Criminal Procedure Code as the same was triable exclusively by the Court of Sessions.