STATE OF GUJARAT Vs. BABUBHAI UDESING PARMAR

JUDGEMENT

(1.) This confirmation case arises out of the judgment and order of conviction and sentence dated 18.12.2003 passed in Sessions Case No.298/2000 by the learned Joint District Judge, 4th Fast Track Court, Anand. The learned Judge has convicted Babubhai Udesing Parmar, the respondent of Criminal Confirmation Case and appellant of criminal appeal (hereinafter referred to as 'the accused') for offences under section 363, 366, 376 and 302 IPC and has awarded different sentences for the offence punishable under section 366 to suffer five years R.I. and to pay fine of Rupees one thousand, in default to undergo S.I. for 10 days, and for the offence punishable under section 376 (2)(6), R.I. for life and to pay fine of Rupees Five thousand, in default to undergo S.I. for two months, for offence under section 302 IPC, to be hanged till death subject to confirmation by the High Court. The said accused has also filed Criminal Appeal No.1625/2003 challenging the said judgment and order of conviction and sentence passed against him.

(2.) The prosecution case in brief can be stated as under: The first informant-Shankar Bhursinh had filed the FIR Exh.22 before PSI, Vidyanagar on 1.7.1998 wherein it was inter alia stated that for the purpose of earning livelihood, he had come with his family to Karamsad town and was doing labour work and was staying opposite Tirupati Petrol Pump. The incident in question happened in the month of July, 1998. The informant, after having his supper was sleeping under a shade. The informant woke up at about 2 a.m. for urinating and at that time his sister Savitaben was sleeping along with other family members. However, when he again woke up at about 4 a.m., he did not find her there. It was raining on that night. The informant woke up all his relatives and all made attempts to search for Savita. Ultimately, on the next day morning deadbody of Savita was found lying on her stomach in the surrounding field belonging to Malabhai and Kanbhai. Her neck was tied with the frock worn by her. Thinking that his sister was alive, the informant went near her and removed the knot and found that she was dead. She was in tongue bitten condition, blood was oozing out from her private part. The informant also found that the knicker worn by her was missing. The informant, thereafter informed his employer about the incident and thereafter filed complaint before the police.

(3.) PSI of Karamsad police station, recorded the complaint and after registering the offence, started usual investigation. He made inquest panchnama of the deceased and had also made panchnama of the scene of offence, the clothes and other articles collected from the scene of offence. The dead body of the deceased was sent for post mortem to Shree Krishna Hospital and Medical Research Centre, Karamsad. It appears that PSI one Mr R G Patel of Vidyanagar police station arrested the present accused in connection with CR No.122/97 and also recorded statement of accused on 12.8.2002 wherein he informed about the present incident and gave all details as to how the accused, after committing rape on Savita, committed her murder. Thereafter, the accused also showed the place of incident to PSI Mr Patel. Accordingly Mr Patel prepared panchnama of the scene of offence and recorded statement of the concerned witnesses. He sent the frock worn by the deceased to FORENSIC SCIENCE LABORATORY. It appears that the accused wanted to make confessional statement. Therefore, PSI Mr Patel prepared report at Exh.13. After collecting sufficient materials against the accused, charge sheet was filed before the Learned Judicial Magistrate First Class at Anand, who in turn, committed the case to the Court of Sessions as the offence for which the accused was tried, was being exclusively triable by the Sessions Court.