POPATJI MAVAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Six appellants, original accused of Sessions Case No.30 of 1996 have challenged the judgment and order dated 31st December 1996 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur, whereby they were convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and were sentenced R.I. for life.

(2.) As per the prosecution case, deceased Dehla Chamana, resident of village Biyok of Vav Taluka had gone to Tharad with informant Dhiraji Hamaji on 25th January 1995 to meet one person known as 'Darbar' and to purchase pesticides. They returned to Biyok in a Jeep car driven by PW3, Husainkhan at 5.00 P.M. The Jeep was stopped at the Patia of Biyok village, at that time, A1 and A2 asked the deceased to come out from the Jeep. As the deceased refused to come out, they pulled him out by catching of his hairs. A2 inflicted injury with Dhariya on the face of the deceased. Meanwhile, A3 to A6 also came there, armed with deadly weapons like Dhariya, Sword and Axe and attacked the deceased. It is the prosecution case that A6 gave a sword blow on the Penis of the deceased. PW2, who was got hold of by A3, started running by getting himself released. Deceased, who sustained several injuries, fell down on the road, profusely bleeding. In the meantime, PW5, Ishwarbhai Kanjibhai Thakor and other persons, on hearing hubbub, also came at the spot running and, therefore, all the accused ran away. Deceased died on the spot. PW13, Narendra Hardevpuri Goswami, P.S.I. of Vav Police Station, who at that time, was patrolling for prohibition raid, received wireless message from Vav Police Station about the incident. He, therefore, reached the spot and recorded complaint of PW2, Dhiraji Hamaji. He drew Inquest Panchnama of the death body of the deceased. The complaint was sent for registering offence at Vav Police Station. He, thereafter, started usual investigation by sending death body to Tharad Referral Hospital for Postmortem, recording statements of the witnesses, drawing Panchnama of the scene of the offence etc. All the accused were arrested. Thereafter, Muddamal weapons were discovered at the instance of the accused. After completion of the investigation, on the basis of the sufficient material against the accused, charge sheet came to be filed against the accused in the Court of learned Judicial Magistrate First Class, Vav, who in turn, committed the case to the Sessions Court, as the offence under 302 is exclusively triable by the said Court.

(3.) The charge Exh.5 was framed by the learned Additional Sessions Judge of the offence under Section 302 read with Section 34 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. All the accused pleaded not guilty to the charge and claimed to be tried. While denying the oral evidence lead against them, in their further statement under Section 313 of the Code of Criminal Procedure, they have stated that they were falsely involved in the case, as they were the witnesses of the earlier murder case of Karsan. A2, Harkhaji Hamirji Thakor was the Panch witness in that case. According to the accused, deceased Dehla Chamana has encroached the land of A2 and for that, proceedings are going on in the Revenue Court and, therefore, because of the enmity, they have been falsely involved by giving their names to the police. In fact, A2 is a postman and has applied for protection in his department against one Chamana Moti. In substance, accused have pleaded their innocence in the present case.