KUMARBHAI DINKARRAY @ DINESHBHAI TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant of Criminal Appeal No.2470 of 2009 and respondents of Criminal Appeal No.2570 of 2009 stood trial in the Court of learned Addl. Sessions Judge, Bhavnagar in Sessions Case No.275 of 2007 for offences punishable u/s.302, 324, 307, 120B, 34 and 341 of Indian Penal Code and Sections 25(1)(a) and 25(1) (b) of the Arms Act. The learned trial Judge, by impugned judgment and order of sentence dated 09.10.2009, convicted the appellants of Criminal Appeal No.2470 of 2009 while acquitted the respondents of Criminal Appeal No.2570 of 2009. The accused no.1 came to be convicted under Section 235(2) of the Code of Criminal Procedure and are directed to suffer imprisonment as under:Sr. <FRM>JUDGEMENT_213_LAWS(GJH)7_2014.htm</FRM>

(2.) THE prosecution, as unfolded during the trial, was that Rakshaben, who is the daughter of accused no.3, Dinkarrai @ Dineshbhai Mathurbhai Trivedi and sister of accused no.1Kumarbhai Dinkarrai @ Dineshbhai Trivedi and accused no.2Bhaveshbhai Dinkarrai @ Dineshbhai Trivedi, married Dr. Dharmesh Devjibhai Sutaria, against the wishes of her father and said brothers. Since Rakshaben has married the said Doctor against the wishes of her father and brother, they were trying to get back her custody but, as she was major and had married on her own will and volition, she did not return to her parental home. Therefore, as the wish of the accused was not fulfilled, accused no.1 purchased a "koita" and procured a "tamancha" and hatched a conspiracy with accused nos.2, 3 and 4 and in furtherance of this conspiracy, went to "Sabiha Hospital" of Dr. Dharmesh Devjibhai Sutaria. All the accused persons broke open the door of the chamber of Dr.Dharmesh Devjibhai Sutaria and accused no.1 fired at him from his "tamancha" while accused no.2 inflicted an injury on the head of said Dr.Dharmesh Devjibhai Sutaria by the "koita". As a result of the injuries, Dr.Dharmesh Devjibhai Sutaria met an instantaneous death and died on the spot. While the accused persons were fleeing from the spot, Shailesh Devjibhai Sutaria, original complainant, confronted them outside "Sabiha Hospital" whereupon, he was also attacked with "koita" and was caused injuries on the forehead.

(3.) A compliant in respect of this incident came to be lodged by Shailesh Devjibhai Sutaria with Botad Police Station. In pursuance of this complaint, FIR was registered vide IC. R. No.128 of 2007 for offence punishable u/s.302, 307, 120B and 34 of IPC and Section 25(1)(b) of the Arms Act and Section 135 of Bombay Police Act.