CHETANKUMAR SHANKARLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The convict-appellant has preferred this appeal challenging the Judgment and order of conviction and sentence dated 12.7.1996 passed in Sessions Case No.337/95 by the learned Addl. City Sessions Judge, Ahmedabad City, convicting him for offences punishable under section 302 of IPC and under section 135(1) of the Bombay Police Act awarding sentence to suffer R.I. for life and to pay a fine of Rupees Five thousand. In default to undergo R.I. for one month for offence under section 302 of IPC and to pay fine of Rupees five hundred for the offence under Section 135(1) of the Bombay Police Act. In default, to undergo further R.I. for one month.

(2.) The case of the prosecution in brief is as under: The accused was tried for committing murder of deceased Jayesh Chudasma (hereinafter referred to as 'the deceased'). The incident had taken place on 31.1.1995 at about 7 or 7.30 p.m. on the public road near the petrol pump in the area of Naroda in the City of Ahmedabad. The deceased and his friends have decided to eat dabeli and thus they were going towards the petrol pump. There near the Popular Hotel, the accused was coming on scooter towards their side. Suddenly, they saw the accused slipping from his scooter and falling down. On seeing his, the deceased and his friends burst into guffaw, which provoked the accused. The accused showered filthy buses on them. Thereafter quarrel and scuffle took place between the accused on one side and the deceased and his friends on the other. The accused took out a knife and chased the deceased. The deceased fell down near a ditch. The accused started delivering knife blows to the deceased on his chest, abdomen etc. As many persons gathered there, the accused fled on his scooter. The deceased, in his injured condition disclosed name of the accused as the person who gave knife blows to him to the persons gathered there. The relatives of the deceased took him to hospital of Dr. Atulbhai Patel. From there he was taken to the hospital of Dr. Narendra Sanghvi, who gave him primary treatment. Later he was removed to Civil Hospital where he succumbed to the injuries. It appears that Dr. Shama, the Medical Officer of Civil Hospital, informed the Naroda Police Station about the incident. PSI, Sonavane of Naroda police station on the basis of the information conveyed to the said police station, went to the Civil Hospital, prepared inquest panchnama and recorded complaint of Gajubha Chudasma, father of the deceased. On the basis of the complaint, offence was registered as SIR No 46/1995 Police Inspector, N G Patel took over the investigation from the PSI. Sonavane and started investigation thereafter. It appears that the investigation was taken over by Sr. P.I. Mr. R M Solanki on 5.2.1995. From his evidence, it appears that the accused was absconding and was arrested on 23.8.1995 i.e. seven Months after the incident.

(3.) After collecting sufficient materials against the accused, charge sheet came to be filed against the him. The learned Add). City Sessions Judge framed charge Exh.1 against the accused for the offence punishable under section 302 of IPC and for the offence under section 135 of the Bombay Police Act. The accused pleaded not guilty and claimed to be tried. In his further statement recorded under section 313 of the Criminal Procedure Coder while denying the evidence led by the prosecution, he has pleaded his innocence by stating that he has neither committed any offence, nor has inflicted any blow and he has been falsely involved by the police.